Hawkins v. Pelham Electric Light & Power Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department entered December 10, 1898, affirming an order which denied the defendant’s motion to change the place of trial of this action from Westchester county to the county of Hew York. The question certified for review and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department entered December 10, 1898, affirming an order which denied the defendant’s motion to change the place of trial of this action from Westchester county to the county of Hew York. The question certified for review and the facts, so far as material, are stated in the opinion. The Appellate Division erred in affirming the order denying defendant’s motion for an order changing the place of trial of this action from Westchester county to Hew York county. (Code Civ. Pro. § 982; Horne…
1Opinion of the CourtMartin, J.
The appeal in this case was allowed by the Appellate Division, and the following question was certified to this court for determination: “ Whether the territory annexed to the county of Hew York by chapter 934 of the Laws of 1895 is a part of the county of Hew York for the purposes of determining the place of trial of one of the class of actions specified in section 982 of the Code of Civil Procedure?” This question assumes the annexation to the county of Hew York of the territory described, and that the place of trial of this action is controlled by section 982 of the Code. That the action…
2Cases cited1 opinion
- People Ex Rel. Henderson v. Board of SupervisorsNew York Court of Appeals · 1895
3Cited by2 opinions
- McTurck v. FoussadierAppellate Division of the Supreme Court of the State of New York · 1900
- Gormley v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1907