Appellate Division of the Supreme Court of New York, 1924

Defina v. Lehigh Valley Railroad

Defina v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of New York · Decided December 15, 1924 · Jayeox, Kapper, Kelby, Kelly, Young
211 A.D. 870
Defina v. Lehigh Valley Railroad

Opinion of the Court

Order reversed upon the facts, and motion denied, without costs, on the ground that it appears that plaintiff is a non-resident, and has brought the action against a foreign corporation, doing business in this State, for damages arising from an accident which happened in another State. Under such circumstances, we think plaintiff should not be granted a preference over other eases upon the calendar.

Kelly, P. J., Jayeox, Kelby, Young and Kapper, JJ., concur.

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