Hislop v. Taaffe
Appellate Division of the Supreme Court of the State of New York
/ Appeal'-by the -defendant', John- P. Ta&ffey from- an order of- .the -■ Supreme1‘Court-, ‘made at the Westehéster SpeeialTéian and- entered in tlie office tif the clerk of the county of Westchester-on the-2d day of September, 1010, denying tlie defendant’s motion to change'' the place of trial from the county of Westchester to the county of Kings.
1Opinion of the Court
Bube, J.:
This action is brought to recover damages for personal injuries resulting from negligence. Such an action must. be tried in the county in which one of the parties resided at the commencement thereof. (Code Civ. Proc. § 984.) Residence, as the word is used in other sections of the Code (excluding those relating to attachments and service of process) and in other statutes (excluding those relating to taxation), is. generally synonymous with domicile. The same meaning should be given to it here. It means the permanent home and the place to which, whenever absent for purposes of business…
2Cases cited7 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- People v. . PlattNew York Court of Appeals · 1889
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903
- Mills & Gibb (Inc.) v. StarinAppellate Division of the Supreme Court of the State of New York · 1907
- Pells v. SnellIllinois Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mandelbaum v. MandelbaumAppellate Division of the Supreme Court of the State of New York · 1989
- In re the Probate of the Last Will & Testament of GahnNew York Surrogate's Court · 1920
- Kleinrock v. Nantex Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Webster v. M. W. Kellogg Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Tullock v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1911
7 more not listed; retrieve them via the Exa API.