Lyon v. Davis — 27 N.Y. St. Rep. 517

Majority

p. 517

William H. Lyon et al., App’lts, v. James M. Davis et al., Resp’ts.

(Supreme Court, General Term, First Department

Filed November 7, 1889.)

Headnote

Tenue—Change fob convenience of witnesses.

Where the affidavits show that the convenience of a majority of the witnesses named therein will he consulted by having the trial in the county where the defendants reside and the cause of the action arose, an order changing the place of trial to that county will not be disturbed.

p. 518

Appeal from order changing place of trial.

John B. Green, for app’lts; H. H. Hustis, for resp’ts.

An examination of the papers in this case fails to disclose any error made by the court below in changing the place of trial.

That the convenience of a majority of such of the witnesses who are sworn to in the affidavits as will be examined in the trial will be consulted by having the trial in Dutchess county, where the defendants reside, and where the cause of action, if any, arose, seems to be established with reasonable certainty.

The order appealed from should be affirmed, with costs.

Daniels and Brady, JJ., concur.