Assets Collecting Co. v. Equitable Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Assets Collecting Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 22d day of March, 1915, changing the venue from Westchester county to New York county.
1Opinion of the Court
Rich, J.:
While no reason is given as a ground for making the order by the learned justice at Special Term, it is contended by respondent that the order was properly granted because, first, *146the county of Westchester was not the proper county; second, that this is a transitory action and should be tried where the transaction occurred, and, third, upon the ground of the convenience of witnesses.
The action was commenced by the service of the summons and complaint in December, 1911. The answer was served January 21, 1913, and plaintiff’s reply was served May 6, 1913, and the case is now on the…
2Cited by3 opinions
- Slavin v. WhispellAppellate Division of the Supreme Court of the State of New York · 1958
- Commercial State Bank & Trust Co. v. RitzAppellate Division of the Supreme Court of the State of New York · 1957
- Award Incentives, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1957