George C. Harrison, Respondent, v. Thomas Holahan, Appellant

George C. Harrison, Respondent, v. Thomas Holahan, Appellant. First Department, December 20, 1907. Venue — action for professional services— convenience of witnesses. In an action for professional services a motion to changfe the venue to the county in which defendant resides on the ground of convenience of witnesses should be granted when it is shown that nearly all the services rendered by plaintiff were performed in that county, and the larger number of material witnesses ■reside there. The locality in which the cause of action arises and the services are performed is an important element to be considered on such a motion. Appeal bytlie defendant, Thomas Holahan, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 30th day of August, 1907, denying the defendant’s motion to change the place of trial from the county of Hew York to. the county of Monroe. ' ; ■ James M. E. CP Gradyi for the appellant. George G. Harrison, in person, respondent. [MAJORITY — Houghton, J.:] Houghton, J.: Plaintiff is a practicing lawyer in the city of Hew York. The action is to recover the value of professional services'and the venue is laid .in the county of Hew York. The defendant is a resident of the county-of Monroe and he moved to change -the place of trial to that county on the ground of convenience of witnesses. The alleged retaining of plaintiff to perform the services sued for occurred in the county of Monroe, and all the services rendered by plaintiff were performed in that county, with the exception of writing a letter or two and having an interview with the president of the village of Broclcport at plaintiff’s office. The locality in which the cause of action arises and the services are performed is an important element on a motion to change for convenience of witnesses in determining the county in which the trial should be had. (Roberts v. Lansing, 60 App. Div. 81; Shaff v. Rosenberg, 116 id. 366.) The affidavits disclose a considerable number of witnesses on each side, whose testimony is more or less material. It is manifest that the larger number of material witnesses reside in the county of 'Monroe. Some witnesses whom it may become necessary for plaintiff to call also reside in that county. The motion should have been granted. The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Patterson, P. J., Ingraham, McLaughlin and Clarke, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.