Getman v. Mayor of New York
New York Supreme Court
Appeal from special term, Saratoga county. Action b.y Mahala L. Getman against the mayor, aldermen, and commonalty of the city of New York for injuries alleged to have been caused by falling on the sidewalk on 106th street, in that city. From an order denying a motion to change the place of trial from the county of Saratoga to the city and county of, New York, defendants appeal. Reversed.
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Appeal from special term, Saratoga county. Action b.y Mahala L. Getman against the mayor, aldermen, and commonalty of the city of New York for injuries alleged to have been caused by falling on the sidewalk on 106th street, in that city. From an order denying a motion to change the place of trial from the county of Saratoga to the city and county of, New York, defendants appeal. Reversed. Before making such motion, defendants demanded, in writing, that the place of trial be changed to the city and county of New York, ón the ground that that county was the proper place of trial.
1Opinion of the CourtMayham, P. J.
This motion to change the place of trial was, as appears by the order, denied by the learned justice at special term, not in the exercise of the discretion vested in the special term on. motions of this character, but upon the sole ground that section 1103 of chapter .410 of the Laws of 1882, by which actions against the mayor, aider-men, and commonalty of the city of New York were made local, and triable in the city and county of New York, is unconstitutional. The only question raised for consideration on this appeal is as to the correctness of that conclusion. The language employed in .the…
2Cases cited1 opinion
- Mussen v. Ausable Granite WorksNew York Supreme Court · 1892
3Cited by4 opinions
- Parks Co. v. City of DecaturCourt of Appeals for the Sixth Circuit · 1905
- Masch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
- Taylor v. StateNew York Court of Claims · 1910
- Shelt Co. v. Simiele Construction Co.New York Supreme Court · 1941