Agne v. Schwab
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry E. Schwab, from an order of the Supreme Court, made at the Kings County Special Term, and entered in the office of the clerk of the county of Suffolk on the 14th day of April, 1908, denying the said defendant’s motion to change the place of trial from the county of Suffolk to the county of Kings.
1Opinion of the Court
Woodward, J.:
This action was brought to set aside, annul and declare void a certain contract and assignment made to tlie defendant Schwab, through alleged fraud and overreaching of the defendant Annie Straus, as administratrix, and the defendant Schwab moved the • court to change the place of trial to Kings county on the grounds of the convenience of witnesses and that both the plaintiff and defendants are residents of Kings county. There is no question that the cause of action arose in Kings county; that the defendant Schwab is a resident of that county; that his codefendant, who is ■made…
2Cases cited2 opinions
- Navratil v. BohmAppellate Division of the Supreme Court of the State of New York · 1898
- Hayes v. GarsonAppellate Division of the Supreme Court of the State of New York · 1898