Jernberg v. Virtus Co.

This is a motion on behalf of the defendant for an order changing the venue of the action from Queens County to Ulster County.

The defendant in its moving papers predicates its basis for relief on rule 146 of the Buies of Civil Practice and various sections of the Civil Practice Act.

This court is not impressed with the argument that because the plaintiff, in his answering affidavit, designated ‘ ‘ Ulster County ” as the situs of venue that such act was tantamount to a consent pursuant to rule 146.

Considerably more merit is present in the defendant’s argument that, since the plaintiff is the…