Kleinrock v. Nantex Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nantex Manufacturing Company, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 18th day of March, 1922, denying its motion to change the place of trial from the county of Orange to the county of New York.
1Opinion of the Court
Young, J.:
This action was brought to recover damages for breach of a manufacturing contract, and was begun by the service of the summons and complaint on January 18, 1922. A written demand for change of venue was served February 3, 1922; the plaintiff failing to comply with the demand, a motion was thereupon made for an order to change the venue on the ground that plaintiff was a resident of Kings county and the defendant a resident of New York county. The change of venue was demanded as a matter of right on the ground that neither party at the time of the commencement of the action was a…
2Cases cited6 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903
- Hislop v. TaaffeAppellate Division of the Supreme Court of the State of New York · 1910
- Washington v. ThomasAppellate Division of the Supreme Court of the State of New York · 1905
- Cincinnati, H. & D. R. Co. v. IvesNew York Supreme Court · 1889
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3Cited by8 opinions
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- Burt v. ScarboroughCalifornia Supreme Court · 1961
- Rubman v. RubmanNew York Supreme Court · 1931
- Uslan v. WoronoffCity of New York Municipal Court · 1940
- Harshbarger v. Sherron Metallic Corp.New York Supreme Court · 1943
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