Taconic Inn Corp. v. Holsapple

The complaint demands judgment for a sum of money. The counterclaim seeks to compel the plaintiff to specifically perform the terms of a contract by which the defendants undertook to sell certain real property in Columbia County to the plaintiff’s assignor.

Being an action for the recovery of a sum of money only, the venue is properly laid in New York County unless, by virtue of the nature of the cause of action pleaded in the counterclaim, the provisions of subdivision 8 of section 183 of the Civil Practice Act are to be applied as requiring the trial to be had in the county where the real…