Continental Securities Co. v. Belmont — 132 N.Y.S. 1125

Majority

p. 1125

CONTINENTAL SECURITIES CO. et al., v. BELMONT et al.

(Supreme Court, Appellate Division, Second Department.

November 28, 1911.)

Headnote

Action by the Continental Securities Company and Clarence H. Venner, stockholders, etc., against August Belmont and others.

Order changing place of trial reversed, with $10 costs and disbursements, and motion denied, with $10 costs, on the ground that it is the settled policy of this department not to change the place of trial to New York county from an adjacent county for the mere convenience of witnesses. See, also, 131 N. Y. Supp. 713 , 1109.

THOBIAS, J„ dissents.