Binder v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street- Railway Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of October, 1901, denying the defendant’s motion to change the place of trial of the action from the county of Kings to the county of New York.
1Opinion of the Court
Hirschberg, J.:
The defendant was entitled to a change of the place of trial upon the merits of the motion by the terms of section 984 of the Code of Civil Procedure. The venue is laid in the county of Kings and the defendant, a domestic corporation, does not, and never did, transact business in that county. Three affidavits were read upon the motion, each tending to establish the fact that the plaintiff at the time of the commencement of the action resided in the county of New York. The plaintiff made no affidavit to the contrary, *282but his attorney made affidavit that he was informed and…
2Cases cited1 opinion
- Lesser v. WilliamsNew York Supreme Court · 1889
3Cited by8 opinions
- Phillips v. TietjenAppellate Division of the Supreme Court of the State of New York · 1905
- Schlesinger v. Borough BankAppellate Division of the Supreme Court of the State of New York · 1906
- Chason v. Airways Hotel, Inc.New York Supreme Court · 1959
- Peerless Motor Co. v. HambletonAppellate Division of the Supreme Court of the State of New York · 1927
- State Board of Pharmacy v. RhinehardtAppellate Division of the Supreme Court of the State of New York · 1906
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