Twentieth Century-Fox Corp. v. Papayanokos

This is a motion to change the venue of the above-entitled action from the County of New York, which is alleged to be an improper county, to the County of Albany, which admittedly is a proper county.

The plaintiff in response to a demand pursuant to rule 146 of the Rules of Civil Practice for a voluntary change of venue and in opposition to the defendant’s motion set forth only: “ New York County, designated in the summons and complaint as the place of trial, is the proper venue herein ”, In Cohen v. O’Dette (7 Misc 2d 476, 478-479) Justice Hudson stated: “ The affidavits submitted by…