Legal Opinion

Schoen v. Board of Education

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

Decided March 9, 1949PublishedCited by 4 opinions

1Opinion of the CourtBrewster, J.

Defendants appeal from an order which denied a motion to change the trial of these negligence actions from Rensselaer to Washington County upon the ground that the latter is the proper county.

The only applicable statute is section 182 of the Civil Practice Act, which provides that (except in instances not pertaining here), an action in the Supreme Court must be tried in the county in which one of the parties resided at the commencement thereof.

The actions are brought in Rensselaer County in which none of the parties reside, either now or at their commencement unless it be held that the…

2Cases cited6 opinions

  1. Bassett v. . FishNew York Court of Appeals · 1878
  2. Western Transportation Company v. . ScheuNew York Court of Appeals · 1859
  3. Conroe v. National Protection InsuranceNew York Supreme Court · 1855
  4. Carvel Court Realty Co. v. JonasAppellate Division of the Supreme Court of the State of New York · 1921
  5. Miner v. President & Trustees of FredoniaNew York Court of Appeals · 1863

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Jonas Equities, Inc. v. 614 E. 14th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1953
  2. Rice v. CaldwellNew York Supreme Court · 1951
  3. Sease v. Central Greyhound Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
  4. Weingarten v. Board of EducationNew York Supreme Court · 2004

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