Legal Opinion

Birmingham v. Squires

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

Decided June 24, 1910PublishedCited by 8 opinions

Appeal by the defendants, Charles A. Squires and another, from an order of the Supreme Court, made at the New York Special Térm and entered in the office of tlie clerk of the county of New York on the 16th day of May, 1910, denying the defendants’ motion to change the. place of trial.

1Opinion of the Court

Laughlin, J.:

This is a suit in equity to rescind an executed contract for the sale of land by the defendants to the plaintiff and to recover the consideration paid on account of - false representations affecting the location and value of the premises, which are in the county of Suffolk. The defendants demanded that the place of trial be changed to the county of Suffolk on the ground that it is the proper county for the trial of the issues by virtue of the provisions of section 982 of the Code of Civil • Procedure, which •provides as follows r “ Each of the following . actions must be tried in…

2Cases cited2 opinions

  1. Hogg v. MackNew York Supreme Court · 1889
  2. Barnes v. BarnhartAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by8 opinions

  1. Nassau Hotel Co. v. BarnettAppellate Division of the Supreme Court of the State of New York · 1914
  2. Merrill Realty Co. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1974
  3. Maccabee v. LipmanNew York Supreme Court · 1946
  4. Grace v. Deepdale Inc.Appellate Division of the Supreme Court of the State of New York · 1957
  5. Capobianco v. RomaineNew York Supreme Court · 1959

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