Legal Opinion

Clarke v. Schumacher

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

Decided April 15, 1928PublishedCited by 2 opinions

1Opinion of the Court

Order granting defendant’s motion for change of venue reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. It affirmatively appears in the affidavit, submitted in support of the motion, that causes of action in Suffolk county are being reached within two months of the term for which they are noticed for trial, while in Queens county they are being reached two and one-half years thereafter. To justify a change of place of trial the Civil Practice Act requires that the ends of justice be promoted as well as the convenience of…

2Cases cited2 opinions

  1. Mills v. SparrowAppellate Division of the Supreme Court of the State of New York · 1909
  2. Quinn v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by2 opinions

  1. Buckley Construction Corp. v. HungerfordNew York Supreme Court · 1958
  2. Scaccia v. County of OnondagaNew York Supreme Court · 1957

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