Simpson v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas Simpson, Jr., individually and as an executor of and trustee under the last will and testament of Robert Simpson, deceased, from an order of the Sunreme Court, made at the Kings County Special Term and entered in the office of the cleric- of the county of Kings on the 24tli day of May, 1899, denying his motion to change the place of trial of the action from the county of Kings to the county of New York.
1Opinion of the Court
Hatch, J.:
The claim of the defendant is, that he is entitled to a change of venue as matter of right, for the reason that the issue involves the determination of a question affecting title to real property, and, therefore, by virtue of the provisions of section 982 of the Code of Civil Procedure the action is local in character. The character of the interest which is the subject of dispute is a leasehold of the building and premises 143 West Forty-second' street, in the city of New York. The plaintiffs are executors and trustees of the estate of Robert Simpson, deceased, and one of them…
2Cases cited3 opinions
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Collumb v. . ReadNew York Court of Appeals · 1862
- Greenwood v. . MarvinNew York Court of Appeals · 1888
3Cited by5 opinions
- Barnes v. BarnhartAppellate Division of the Supreme Court of the State of New York · 1905
- Kilhoffer v. ZeisNew York Supreme Court · 1919
- Barnes v. BarnhartAppellate Division of the Supreme Court of the State of New York · 1905
- Chappell v. ChappellAppellate Division of the Supreme Court of the State of New York · 1908
- Chappell v. ChappellAppellate Division of the Supreme Court of the State of New York · 1908