Legal Opinion

Mia's Boutique, Inc. v. Marie Ganee, Ltd.

New York Supreme Court

Decided March 1, 1968Published

1Opinion of the CourtJ. Robert Lynch, J.

Under the cited authority of CPLR 604, the defendant in an action pending in the Civil Court of New York City moves to have the issues of fact in that action tried in the Supreme Court of Onondaga County.

The necessity of resort to CPLR 604 has been substantially diminished by the constitutional change providing for State-wide service of process and its local implementation. (N. Y. Const., art. VI, § 1, par. c; CCA, § 1201; 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 604.03.) We perceive the section’s present applicability to a situation where the convenience of witnesses to one or some of…

2Cases cited1 opinion

  1. Searing v. Randall Cadillac Corp.New York Supreme Court · 1956

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