Appellate Division of the Supreme Court of New York, 1898

Lyman v. Corey

Lyman v. Corey
Appellate Division of the Supreme Court of New York · Decided March 26, 1898
51 N.Y.S. 1144 (New York Supplement)
Lyman v. Corey

Opinion of the Court

PER CURIAM.

Order affirmed, with $10 costs and disbursements, without prejudice to a new motion to change the place of trial to any county. Held, that the moving affidavits are defective in that they fail to state the residence and address of the witnesses, also fail to state that the witnesses will testify to the facts alleged to he material to the defense. See Tuska v. Wood, 81 Hun, 79, 30 N. Y. Supp. 523; Hayes v. Garson, 25 App. Div. 116, 49 N. Y. Supp. 220; also, opinion of Green, J., in Lyman v. Gramercy Club (of this term) 50 N. Y. Supp. 1004.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.