Creighton v. Kuttruff
| Decision Date | 28 September 1955 |
| Citation | 144 N.Y.S.2d 450,286 A.D. 987 |
| Parties | Seth CREIGHTON and Edith Creighton, Appellants, v. Emma KUTTRUFF, Respondent. Julia PRESTIN, Appellant, v. Emma KUTTRUFF, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Lacy & Katzen, Rochester (Herbert W. Lacy, Rochester, of counsel), for plaintiffs-appellants.
Reilly, Dicker, McLouth & Lines, Rochester, for appellant Seth Creighton (on counterclaim only; did not argue).
Charles J. O'Brien, Rochester (Francis X. Donovan, Rochester, of counsel), for respondent.
Before McCURN, P. J., and KIMBALL, WHEELER, and VAN DUSER, JJ.
In the absence of any showing that the convenience of witnesses on either side will be promoted, we feel that the moving papers do not disclose sufficient basis for the exercise of the court's discretion to change the place of trial from Monroe to Wayne County. All concur.
Order in so far as appealed from reversed and motion to change the place of trial from Monroe to Wayne County denied, without costs of this appeal to any party.
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Putnam Ranches, Inc. v. O'Neill Production Credit Ass'n, 12334
...the court's exercise of discretion. See Dunn v. Superior Court of Arizona, 102 Ariz. 198, 427 P.2d 516 (1967); Creighton v. Kuttruff, 286 App.Div. 987, 144 N.Y.S.2d 450 (1955); American State Bank of Dickenson v. Hoffelt, 246 N.W.2d 484 (N.D.1976). See also cases cited Anno., 74 A.L.R.2d 16......
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Sparklin v. Jackson & Perkins Co.
...personal difficulties and hardship attendant upon her going to Wayne County to try this case, the motion is denied. Creighton v. Kuttruff, 286 App.Div. 987, 144 N.Y.S.2d 450. Submit order ...