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NEWELL v. NIAGARA MOHAWK POWER CORP.

52 A.D.2d 664 (1976)

Robert R. Newell, Respondent, v. Niagara Mohawk Power Corporation et al., Appellants. (Action No. 1.) Michael W. D'Aloia, Respondent, v. Niagara Mohawk Power Corporation et al., Appellants, and Robert R. Newell, Respondent. (Action No. 2.)

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

April 8, 1976

The defendants moved at Special Term to place the venue of the actions in Warren County, the place of the accident. While defendants are correct in their contention that Special Term erred in holding it was without authority to designate Warren County as the venue for the joint trial because neither action was commenced in that county, the result need not be disturbed. As noted by Special Term, it is the general rule that in the proper exercise of discretion, the venue of...

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