Barrow v. Hadcox

This is a motion to strike a note of issue filed in the Supreme Court of Otsego County on the ground that it is an improper county.

This litigation arose as a result of the plaintiff, Evelyn Barron, falling off an allegedly defective stepladder in Biehfield Springs, Ostego County, New York, on June 26, 1963. The summons and complaint prepared in the plaintiffs’ attorney’s office in Herkimer County were served on the defendant on the 1st day of October, 1963. The caption on the summons states that the action is brought in “ Supreme Court, State of New York — County of Herkimer”. In the body of…