Appellate Division of the Supreme Court of New York, 1913

Cole v. Rochelle Park Ass'n

Cole v. Rochelle Park Ass'n
Appellate Division of the Supreme Court of New York · Decided November 15, 1913
159 A.D. 920
Cole v. Rochelle Park Ass'n

Opinion of the Court

— Order reversed, with ten dollars costs and disbursements, and motion to change place of trial to Westchester county granted, with ten dollars costs. Where the material witnesses are about equal, the trial should be had in the county in which the cause of action arose, and where the county records may be more readily referred to. {Van Alstine v. Burt, 151 App. Div. 81; Beutsch v. Upton Cold Storage Co., 146 id. 588.) Jenks, P. J., Burr, Thomas, Stapleton and Putnam, JJ., concurred.

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