Louis Fluckiger, Respondent, v. Christopher Haber and Cornell Steamboat Company, Appellants

Louis Fluckiger, Respondent, v. Christopher Haber and Cornell Steamboat Company, Appellants. First Department, April 7, 1911. See head note in Fluckiger v. Haber (ante, p, 65). Appeal .by the defendants, Christopher Haber and another, from an order of the'Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of January, 1911, denying the defendants’ motion to change the place of trial. Amos Van Etten, for the appellants. Frank M. Van Wagonen,.for the respondent. [MAJORITY — McLaughlin, J. :] McLaughlin, J. : The plaintiff’s wife was a passenger on a yacht on Rondout creek, Ulster county. The . yacht landed at a dock in that county owned by the defendant steamboat company for the purpose of permitting her to go ashore. While walldng upon ' the dock she stepped into a hole and sustained personal injury. Plaintiff brings this action to recover for loss of her services. After issue had been joined, the defendants moved to change the place of trial from the county of New York to the county of Ulster. The motion was denied and they appeal. For the reasons stated in the opinion in Fluckiger v. Haber (144 App. Div. 65), decided herewith, I think the motion should have been granted. The order appealed from, therefore, should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Ingraham, P. J., Scott, Miller arid Dowling, JJ., concurred. • - Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.