National Freight, Inc. v. Roberts & Grancelli, Inc.

OPINION OF THE COURT

Bentley Kassal, J.

The motion for change of venue pursuant to CPLR 510 (subd 1) is denied without prejudice to defendant moving pursuant to CPLR 510 (subd 3) if so advised.

Plaintiff, in part, relies on the case of New York Cent. R. R. Co. v Lefkowitz (17 AD2d 638, affd 12 NY2d 305) for the proposition that a foreign railroad corporation has residence, for venue purposes, in each county in which it operates. That case, however, interpreted a prior provision of the Civil Practice Act which broadly defined the residence of corporate parties. That holding, as much of the other…