WARNER v. HEIMERL TRUCKING CORP.


276 A.D. 1052 (1950)

Edward C. Warner, Respondent, v. Heimerl Trucking Corporation et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 15, 1950.


Order reversed on the facts and as a matter of discretion, without costs of this appeal to any party, and defendants' motion to change the place of trial from Onondaga County to Genesee County granted, without costs.

Memorandum:

While plaintiff resides in Onondaga County, the convenience of witnesses will be best served by changing the place of trial to Genesee County where the accident occurred and the majority of witnesses reside. (See Jones v. Marchese...

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