Ely v. Lowenstein
New York Supreme Court
Motion to change place of trial. This was a third motion in the same action as those last above reported, and was heard at the same time. The ground relied on for the motion was that the action, the nature of which is stated in the preceding reports, was a local action relating to real property in the city of New York.
1Opinion of the CourtJohnson, J.
This is not an action for the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest. The action is one of equitable cognizance, to determine the validity of a contract between the plaintiff and the defendant Steigler, and of a certain due bill given by the former to the latter in part performance of such contract.
The contract, to be sure, relates to the sale and purchase of an interest in real estate, which estate is situate in the city of New York, to which city the place of trial is sought by this motion to be changed.
B…
2Cases cited1 opinion
- Rawls v. CarrNew York Supreme Court · 1863