Continental Gummed Products Co. v. Fingerhut

This is an application for a change of venue made by the defendants.

The defendants contend that none of the parties in the action reside or have a place of business in Queens County. The plaintiff contends that this motion should be denied because the defendants have failed to comply with rule 146 of the Buies of Civil Practice in that no demand that the action be tried in the proper county was served on the plaintiff’s attorney with the answer or before service of the answer.

There is no merit in the contention of the defendants’ attorney that the affidavit in support of the first motion for…