Smith v. Converse — 78 N.Y.S. 1137

Majority

p. 1137

SMITH, Respondent, v. CONVERSE, Appellant.

(Supreme Court, Appellate Division, Second Department.

October 17, 1902.)

Headnote

Action by Edward P. Smith against Robert R. Converse.

No opinion.

This order should be reversed, on the ground that the affidavit read in opposition to the motion is not sufficient, under the settled rules of practice relating to this class of motions, to show that the opposing party really has a larger number of material and necessary witnesses in Kings county. The order should be reversed, with $10 costs and disbursements, and the motion granted, changing the place of trial, with costs to the defendant to abide the event.