Dayton v. Farmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Grace G. Farmer, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 5th day of January, 1922, denying her motion to change the place of trial from the county of Erie to the county of New York.
1Opinion of the Court
Sears, J.:
The defendant moved to change the place of trial under section 187, subdivision 1, of the Civil Practice Act, from Erie county to New York county on the ground that Erie county was not the proper county for the trial of the action under the provisions of section 182 of the Civil Practice Act. The motion was denied and from the order denying the motion the defendant has appealed.
Previous to the making of the motion the defendant had served a copy of the demand for a change of venue to New York county upon the plaintiff.
The personal residence of the plaintiff is in New York county.…
2Cases cited2 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Magee v. BeachNew York Supreme Court · 1914
3Cited by3 opinions
- Waterworth v. FranzNew York Supreme Court · 1933
- Pond v. CadwellAppellate Division of the Supreme Court of the State of New York · 1923
- Pond v. CadwellAppellate Division of the Supreme Court of the State of New York · 1923