KULOCK v. KIAMESHA CONCORD, INC

Order, entered January 20, 1967, denying, on reconsideration, defendant's motion for change of venue from New York County to Sullivan County, unanimously reversed, on the law, on the facts and in the exercise of discretion, with $30 costs and disbursements to defendant-appellant, and motion granted, with $10 costs. Appeal from order entered November 22, 1966 dismissed, without costs and without disbursements. This transitory action, grounded in negligence, arises from an alleged accident occurring at the Concord Hotel in Sullivan County. Therefore, "other things being equal, [it] should be tried" in Sullivan County ( Slavin v. Whispell, 5 A.D.2d 296, 297, 298, citing cases; see, also, Goldman v. Weisman, 23 A.D.2d 634; Edwards v. Lewin, 284 App. Div. 28, 30), and it does not avail plaintiff to argue that, in any event, considering the convenience of the parties and of the medical and other witnesses in the two counties, the equities are equal or tipped only slightly in defendant's favor. Under the circumstances, the denial of the motion was an improper exercise of the discretion vested in Special Term.

Concur — Eager, J.P., Steuer, Capozzoli, Rabin and McNally, JJ.