Blackstone Institute, Inc. v. Agnelli

Lewis, David C., J.

This action was originally instituted in this district. Thé original motion for change of venue was denied, with leave to renew. Thereafter the application was renewed and the motion granted. The plaintiff attacks the determination, claiming that the second motion was not made within ten days after the original demand for a change of venue was served; and that rule 146 of the Rules of Civil Practice controls these applications. The second motion must not be treated as an original motion, but is deemed a renewal of the original motion. (Dowd v. Dowd, 237 App. Div. 902.)

Howeve…