Marcus v. Greenblaum

This is a motion to change the place of trial from Sullivan to Kings county on the ground of convenience of witnesses. The motion is opposed on the sole ground that the defendant, not having moved to change the place of trial to Kings county on the ground that that county was the proper county, is now precluded from making this motion.

It was conceded upon the argument that all the parties are residents of Kings county; that the cause of action arose in said county, and that the witnesses all reside there. Notwithstanding that Kings county was the proper county for the trial of the action,…