LINMAN v. LYNCH, JR.


282 A.D. 848 (1953)

Wayne C. Linman, Respondent, v. Ralph Lynch, Jr., Appellant

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

September 30, 1953.


The action is one of negligence and the accident out of which it arose happened in Washington County. Both parties are nonresidents of the State. Apparently the order appealed from was made on the theory that plaintiff might be prejudiced if the place of trial was changed to Washington County because of another action pending there against the defendant. This appears to us to be wholly speculative and not sufficient to justify the order. The action is a transitory one and...

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