Kirk v. Canbowl Centers Ltd.

Venue for the underlying action herein (breach of contract) has been laid in New York County.

Coincident with service of the answer, defendants served a demand, under rule 146 of the Rules of Civil Practice for a change of .venue to Monroe County on the stated grounds that the.latter county was the proper county and that the convenience of witnesses and the ends of justice would be thereby promoted. Upon failure of the plaintiffs to serve an opposing affidavit showing that. Monroe County is not a proper county or that New York County is a proper county, as required by the rule, defendants have…