Ocasio v. Rundle — 27 A.D.2d 834

Majority

p. 834

Thomosa Ocasio, as Administratrix of the Estate of Ausberto Ocasio, Deceased, et al., Respondents, v. Lester R. Rundle et al., Appellants.

Order entered on December 22, 1966, unanimously reversed, in the exercise of discretion, with $30 costs and disbursements to the appellants, and the motion to change the venue of the action from New York County to Sullivan County granted. “ The general rule is that a transitory action, such as this, other things being equal, should be tried in the county in which the cause of action arose, [cases cited].” (Slavin v. Whispell, 5 A D 2d 296 , 297—298.) This accident occurred in Sullivan County and no facts are presented which warrant a deviation from the general rule as expressed by McNally, J., in the ease cited. Concur—■ Botein, P. J., Stevens, McNally, MeGivern and Witmer, JJ.

Cases cited

Slavin ex rel. Slavin v. Whispell 5 A D 2d 296 N.Y. App. Div. 1958-03-20 at 297—298 p. 834