Opinion
November 29, 1949.
Appeal from Supreme Court, Rensselaer County.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.
The action is in negligence predicated on an automobile accident which happened in Onondaga County. The affidavits show that the plaintiff is a resident of Rensselaer County; the defendant, Le Roy Reay, is a resident of Onondaga County, and the defendant, Olive Reay, is a resident of Erie County. Olive Reay did not participate in the motion. Three students of Syracuse University, who reside in Onondaga County, and a police officer residing in the same county appear to be material and necessary witnesses for the defendant. The only witnesses for the plaintiff residing in Rensselaer County are his physician and nurse and a man who visited the scene of the accident to take measurements and inspected plaintiff's car. Those are to be classed as experts for the purpose of this motion. Upon the record as it stands the Special Term was justified in changing the place of trial, in the exercise of its discretion. Order unanimously affirmed, with $10 costs.