Legal Opinion

Payne v. Civil Service Employees Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1961PublishedCited by 7 opinions

1Opinion of the CourtGibson, J.

The plaintiff appeals from an order which granted defendant’s motion to change the place of trial from New York County, where neither party resides, to Albany County, in which defendant resides and which was therefore held to be the proper county.

Plaintiff, who sues “as Treasurer ” of an unincorporated association, brought the action in New York County, the summons designating that county and stating that plaintiff resides in New York County and the complaint showing the venue there. Pursuant to rule 146 of the Buies of Civil Practice, defendant on April 10,1961 served with its answer a…

2Cases cited9 opinions

  1. Sperry Products, Inc. v. Association of American RailroadsCourt of Appeals for the Second Circuit · 1942
  2. Linder v. Elmira Ass'n of Commerce, Inc.New York Supreme Court · 1948
  3. Upjohn v. First Methodist Episcopal Society of Homer VillageAppellate Division of the Supreme Court of the State of New York · 1913
  4. Abbott Bread Co. v. SchlanskyAppellate Division of the Supreme Court of the State of New York · 1934
  5. Chason v. Airways Hotel, Inc.New York Supreme Court · 1959

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3Cited by7 opinions

  1. Garland v. Seaboard Coastline RailroadTennessee Supreme Court · 1983
  2. James Rowland, Former Director, California Department of Corrections v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  3. Agway, Inc. v. KervinAppellate Division of the Supreme Court of the State of New York · 1992
  4. HVT, Inc. v. Safeco Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 2010
  5. Quinn v. Stuart Lakes Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1976

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