Legal Opinion

Goldfeder v. Greenberg

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1919PublishedCited by 7 opinions

Appeal by the defendant, Simon Greenberg, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 28th day of April, 1919, denying his -motion for a change of venue in an action to recover for personal injuries alleged to have been sustained by reason of defendant’s negligence.

1Opinion of the Court

Rich, J.:

The action was brought in Westchester county. Neither party resided there, the plaintiff being a resident of the county of Bronx and defendant residing in Kings county. Defendant served a notice under section 986 of the Code of Civil Procedure, demanding that the place of trial be changed to the county of Kings, but neglected to follow this up by serving a notice of motion to change the place of trial as provided in that section. He subsequently did serve a notice of motion to change the place of trial to the county of Kings, which was opposed upon the sole ground that it “ was not…

2Cases cited1 opinion

  1. Cronin v. Manhattan Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by7 opinions

  1. Reichenbach v. Corn Exchange Bank Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
  2. Beardsley v. Wyoming County Community HospitalAppellate Division of the Supreme Court of the State of New York · 1973
  3. Du Pont v. Bank of UticaAppellate Division of the Supreme Court of the State of New York · 1959
  4. Purcell v. WTRY Broadcasting Corp.New York Supreme Court · 1964
  5. Block v. Bacon Coal Co.New York Supreme Court · 1920

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