Oakes v. De Lancey
New York Supreme Court
Appeal from special term, New York county. Action by Thomas F. Oakes against Edward F. De Lancey. Defendant appeals from an order denying his motion to change the place of trial. Code Civil Proc.
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Appeal from special term, New York county. Action by Thomas F. Oakes against Edward F. De Lancey. Defendant appeals from an order denying his motion to change the place of trial. Code Civil Proc. N. Y. § 982, provides: “Each of the following actions must be tried in the county in which the subject of the action, or some part thereof, is situated: An action of ejectment * * * to compel the determination of a claim to real property, * * * and every other action to recover, or to procure a judgment establishing, determining, defining, forfeiting, annulling, or otherwise affecting, an estate,…
1Opinion of the CourtBarrett, J.
The defendant moved to change the place of trial to Westchester county, upon the ground that the action was to compel the determination of the claim to real property, within the meaning of section 982 of the Code. The motion was denied, and we think properly, upon the ground that there was nothing in the complaint warranting the defendant’s contention. The complaint sets out an agreement for the sale of land in Westchester county at a certain price per acre. After the making of this agreement, the plaintiff says he discovered that the premises did not contain as many acres as the defendant…
2Cases cited1 opinion
- Hogg v. MackNew York Supreme Court · 1889
3Cited by2 opinions
- Taconic Inn Corp. v. HolsappleNew York Supreme Court · 1946
- McNamara Realty, Inc. v. HutchinsonNew York Supreme Court · 1967