Appellate Division of the Supreme Court of New York, 1896

Brink v. Home Insurance

Appellate Division of the Supreme Court of New York · Decided February 15, 1896 · Gaynor

2 A.D. 122

Counsel

DicTcinson W. Richards and John E. Roeser, for the appellant,, Eugene L. Bushe, for the respondent,

Cases that cite this one

1 later published case cites this decision.

Larocque v. Conhaim (New York Supreme Court 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The opinion of the judge at Special Term was as follows:

Gaynor, J.:

. It is the rule not to change the venue for the convenience of witnesses from any of the adjacent counties to New York county.

The county seat of Westchester county is convenient to New York city. This case is not so exceptional as to cause a departure from the rule. The long distances in the country, which necessitate changes 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 defendant, whereas it is not a matter of right. The alleged injustice is imaginary. Motion denied.

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