Fluckiger v. Haber — 128 N.Y.S. 740

Majority

p. 740

FLUCKIGER v. HABER et al.

(Supreme Court, Appellate Division, First Department.

March, 1911.)

Headnote

Appeal from Special Term, JSlew York County.

Action by Louis Fluckiger against Christopher Haber and another. From an order denying a motion to change the place of trial, defendants appeal.

Reversed and motion granted.

p. 741

Argued before INGRAHAM, P. J., and McLAUGHLIN, SCOTT, MILLER, and DOWLING, JJ.

Amos Van Etten, for appellants.

Frank M. Van Wagonen, for respondent.

The plaintiff’s wife was a passenger on a yacht on Rondont 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 walking 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 Mary Fluekiger v. Haber and Cornell Steamboat Co. (decided herewith) 128 N. Y. Supp. 739 , I think the motion should have been granted.

The order appealed from, therefore, is reversed, with $10 costs and disbursements, and the motion granted, with $10 costs. All concur.