New York Central Railroad v. Lefkowitz

Chief Judge Desmond.

After this action had been brought in Supreme Court, Westchester County, defendants Attorney-General and Public Service Commission moved under subdivision 1 of section 187 of the Civil Practice Act to change the place of trial to Albany County. The motion was denied at Special Term. The Appellate Division, after unanimously affirming the order below, granted defendants leave to appeal to us, certifying a question of law as' to the propriety of its affirming order and certifying also that its affirmance was “ solely on the law and not in the exercise of discretion ”. It is…