Cohen v. Mann

The venue of this action is laid in New York county and the defendant has answered. No motion has been made to change the place of trial.'

*265Plaintiff’s attorneys gave notice to the defendant’s attorney of the taking of testimony of the defendant before a referee in the county of Albany, in which county the defendant resides.

The defendant makes this motion to vacate the notice for the examination, at the Albany Special Term.

The plaintiff objects to the motion being heard at the Albany Special Term under rule 63 of the Rules of Civil Practice which provides:

“ 1. A motion on notice in an action in…