Chuttick v. Collins

Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: The .plaintiff appeals from an order dismissing his complaint on the merits, unless the plaintiff within 20 days served and filed a note of issue complying with court rules. The motion resulting in the order was made pursuant to CPLR 3216 prior to its amendment (L. 1964, eh. 974, eff. Sept. 1, 1964). An appeal from an order changing the place of trial from Westchester County to Onondaga County was pending when the motion was heard. (This appeal has now been decided adversely…