Barbera v. Quittner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Barbera; from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 1st day of October, 1912, changing the place of trial from the county of Queens to the county of New York.
1Opinion of the Court
Rich, J.:
When this action was commenced the plaintiff resided in the county of Kings and the defendant in the county of New York. The venue was laid in the county of Queens. The defendant served a demand that the place of trial be changed to New York county with his answer, and the demand not having been complied with, he served a notice of-motion to change the place of trial to the county of New York. Thereafter plaintiff served an amended complaint, by which he has attempted to change the venue by designating Kings county as the place of trial. This amended complaint was returned.' Upon the…
2Cases cited3 opinions
- Loretz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Tolhurst v. HowardAppellate Division of the Supreme Court of the State of New York · 1904
- Wadsworth v. GeorgerNew York Supreme Court · 1887
3Cited by1 opinion
- Sabatino v. ChilsomNew York Supreme Court · 1962