Legal Opinion

Hardenburg v. Hardenburg

New York Supreme Court

Decided December 13, 1963Published

1Opinion of the CourtDomenick L. Gabrielli, J.

This is a motion by defendant for an order changing the place of trial of the action from New York County to Steuben County. The plaintiff opposes the motion *144on the ground that the motion is not properly before the court as it should have been brought in New York County where the venue is laid and where plaintiff’s attorney maintains his office.

In this separation action it appears that both parties are residents of Steuben County.

Prior to service of any answer, and, as required by rule 511 of the Civil Practice Law and Rules, the defendant served a statement and demand that the place of trial…

2Cases cited4 opinions

  1. Linder v. Elmira Ass'n of Commerce, Inc.New York Supreme Court · 1948
  2. Payne v. Civil Service Employees Ass'nNew York Supreme Court · 1961
  3. Sterling Factors Corp. v. Sad Sam's Furnitureland of Binghamton, Inc.New York Supreme Court · 1960
  4. Midwest Mower Corp. v. LoberNew York Supreme Court · 1956

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