Legal Opinion

McDermott v. McDermott

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

Decided December 21, 1943PublishedCited by 10 opinions

1Per curiam

After the service of the summonses and complaints in these actions, with venue laid in New York County, defendant, Harrison J. McDermott, served his answers, together with demands, as specified in rule 146 of the Rules of Civil Practice, that the actions be tried in Onondaga County.

Plaintiff failed to serve any affidavit (as provided in said rule) setting forth facts shoving that the county of New York was the proper county. Defendant thereupon moved in Cayuga County, Special Term, for the removal of the action to Onondaga County, and obtained the orders appealed from. These appeals were…

2Cases cited3 opinions

  1. Sanders v. PrescottAppellate Division of the Supreme Court of the State of New York · 1931
  2. Rieger v. Pulaski Glove Co.Appellate Division of the Supreme Court of the State of New York · 1906
  3. Tuska v. WoodNew York Supreme Court · 1894

3Cited by10 opinions

  1. O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Radatron, Inc. v. Z. Z. Auto Telephone, Inc.Appellate Division of the Supreme Court of the State of New York · 1968
  3. Bennett v. Crawford Bros.New York Supreme Court · 1945
  4. Rothenberg v. FieldsNew York Supreme Court · 1953
  5. Garfield v. LowyNew York Supreme Court · 1960

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