Gettinger v. Lattingtown Harbor Development Co.

This is a motion by the defendant for an order directing that the place of trial of this action be changed from the County of Suffolk to the County of Nassau, on the ground that the answer contains a counterclaim for the foreclosure of a mortgage on real property which is located in the County of Nassau, and on the further ground that the mortgage sought to be foreclosed arose out of the same transaction on which the complaint herein is based.

No attack is made on the venue selected by plaintiff. The defendant’s sole contention is that the counterclaim, being a local action under section 183…