Legal Opinion
Kenford Co. v. County of Erie
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 1972PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: In this action for specific performance or damages, plaintiff moved at Special Term for a change of venue because, it alleged, there is reason to believe that an impartial trial cannot be had in Brie County (CPLR 510, subd. 2). The fact that plaintiff laid the venue of its action in a proper county under CPLR 504 (subd. 1) does not constitute a waiver of its right to move for a change of venue on the grounds specified in CPLR 510 (subd. 2) or 510 (subd. 3); (De Grasse Paper Co. v. Northern N. Y. Coal Co., 206 App. Div. 789, affd. 238 N.…
2Cases cited2 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- De Grasse Paper Company v. . Northern New York Coal Co.New York Court of Appeals · 1924
3Cited by6 opinions
- Powers v. East Hudson Parkway AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
- Babylon Associates v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1982
- Town of Hempstead v. City of New YorkNew York Supreme Court · 1976
- John W. Cowper Co. v. Buffalo Hotel Development VentureNew York Supreme Court · 1983
- Kirschner v. GreenfieldNew York Supreme Court · 1984
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