(Supreme Court, Appellate Division, First Department.Headnote
Venue (§ 52*)—Change of Venue—Grounds—Convenience of Witnesses.Where plaintiff sued to set aside a separation agreement made in R. county, where both parties then resided, and where defendant continued to reside, and it appeared that the greater number of witnesses on whose testimony would depend the question whether plaintiff was coerced to sign the agreement by fraud resided in R. county, the venue should be changed to that county.
[Ed. Note.—For other cases, see Venue, Cent. Dig. §§ 76, 77; Dec. Dig. § 52.*]
Appeal from Special Term, New York County.
Action by Anna Kaufman against John Kaufman. From an order . denying a motion to change the place of trial for the convenience of witnesses, defendant appeals.
Reversed and motion granted.
See, also, 135 N. Y. Supp. 1120 .
Argued before INGRAHAM, P. J., and McLAUGHLIN, SCOTT, MILLER, and DOWLING, JJ.Charles I. Webster and H. Louis Jacobson, both of Troy, for appellant.
Clifford S. Bostwick, of New York City, for respondent.
Action to set aside a separation agreement on the ground that the plaintiff was induced to execute the same by coercion and fraud practiced! upon her.
The agreement was drawn in Rensselaer county, where both parties then resided, and where the defendant still resides. Whether the plaintiff were coerced into signing the agreement by reason of fraud practised upon her will, from the facts presented, have to be determined lárgely from witnesses residing in Rensselaer county. The greater number of witnesses there reside, and for the reasons stated in Kaufman v. Kaufman, 136 N. Y. Supp. 592 (decided herewith), the order appealed from should be reversed, and the motion to change the place of trial from the county of New York to the county of Rensselaer granted, without costs.