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35 A.D. 97

Snyder v. Mack

Appellate Division of the Supreme Court of the State of New York · decided 1898-07-01

Appeal by the defendants, John Mack and others, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Fulton on the 4th day of September, 1898, denying the defendants’ motion to change the venue of the action from the county of Fulton to the county of Albany.

Decided 1898-07-01

Per Cúriam :

¶1Upon the papers before ns it is quite clear that the main issue upon the facts is whether or not the orders given by the plaintiff were executed.. The witnesses upon that subject are mainly, if not ■entirely, in the county of Albany. The books and papers of the ■corporation are also there and they may be material upon the subject referred to. It seems to us that the convenience of witnesses requires the trial to be in Albany county, and, therefore, the motion of the defendant should have been granted.

¶2All concurred.

¶3Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs to abide the event.

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