Vitti v. Case

Full title: ANTHONY J. VITTI, Respondent, v. HOWARD P. CASE et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 12, 1955

285 App. Div. 857 (N.Y. App. Div. 1955)

Opinion

January 12, 1955.

Appeal from Seneca Special Term.

Present — Vaughan, J.P., Kimball, Piper, Wheeler and Van Duser, JJ.

Order reversed on the facts and as a matter of discretion, with $10 costs and disbursements, and motion granted, with $10 costs. Memorandum: Eliminating from consideration the convenience of witnesses who are plaintiff's employees, and his expert witnesses, there is no preponderance of witnesses for either party. Under such circumstances, the controlling factor is that the cause of action arose in Genesee County. (See Gruber v. Alpert, 257 App. Div. 1007, and Wilson v. Winco Estates, 266 App. Div. 795.) All concur.