Majority
p. 326Carrie Archer Brink, Resp’t, v. Home Insurance Company of New York, App’lt. (Supreme Court, Appellate Division, Second Department, Filed Feb'y 18, 1896.)
Headnote
Venue—Change—Convenience op witnesses.The venue of an action will not be changed from an adjoining county to Hew York county for the convenience of witnesses, unless the case is of an exceptional character.
Appeal from an order denying a motion for a change of venue from Westchester county to New York county. .1!
p. 327
The opinion of Mr. Justiee GrAYNOR, at special term, is as follows:
It is a rule not to change the venue for convenience of witnesses from any of the adjacent counties to Mew York county. The county seat of Westchester county is convenient to Mew York City. These cases are not so exceptional as to cause a departure from the rule. The long distances in the country, which cause change of venue, do not exist hereabouts. It cannot be said to be any grave inconvenience to go a distance which takes only an hour or less. The strong tone of the brief submitted is quite unnecessary! It stands on the alleged right of the defendants, whereas it is not a matter of right. The alleged injustice is imaginary, Motions all denied.
Richards & Heald, for app’lt; Eugene L. Bushe, for resp’t,
Order affirmed, with $10 costs and disbursements, for the reasons assigned by the judge at special term.