Garfield v. Lowy

Motion for a change of venue denied.

Aside from the fact that a motion under rule 146 of the Rules of Civil Practice, should he made either in the county named in the summons (Suffolk County), or in the county (New York County), which the defendant claims is the county wherein the parties reside (McDermott v. McDermott, 267 App. Div. 171, 173), the motion must be denied, for it does not clearly appear that the plaintiff is not a resident of Suffolk County or that a change of venue is necessary for the convenience of witnesses. To the contrary, it appears that the plaintiff maintains a home in…