Legal Opinion

Levey v. Payne

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

Decided February 10, 1922PublishedCited by 8 opinions

Appeal by the defendant, John Barton Payne, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on or about the 21st day of October, 1921, directing, on a motion by the defendant to change the place of trial from New York county to Sullivan county, that the place of trial be changed from New York county to Kings county, and also from an order entered in said clerk’s office on or about the 6th…

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Appeal by the defendant, John Barton Payne, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on or about the 21st day of October, 1921, directing, on a motion by the defendant to change the place of trial from New York county to Sullivan county, that the place of trial be changed from New York county to Kings county, and also from an order entered in said clerk’s office on or about the 6th day of October, 1921, as resettled by an order entered in said clerk’s office on or about the 25th day of October, 1921,…

1Opinion of the Court

Merrell, J.:

The action is brought by the plaintiff to recover damages for personal injuries claimed to have been sustained by reason of the alleged negligence of the defendant in operating its railroad along the Liberty highway (so called) in the town of Monticello, Sullivan county, N. Y. The. action was originally brought against Walker D. Hines, Director-General of New York, Ontario and Western Railway Company, and New York, Ontario and Western Railway Company, defendant. The plaintiff resides in the county of Kings. While neither party resided in New York county, the plaintiff laid the…

2Cases cited5 opinions

  1. Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Poland v. . United Traction CompanyNew York Court of Appeals · 1904
  3. Polley v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  4. Polley v. . Lehigh Valley Railroad CompanyNew York Court of Appeals · 1911
  5. Ferrin v. HuxleyAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by8 opinions

  1. Kibler v. Transcontinental & Western Air, Inc.District Court, E.D. New York · 1945
  2. Yonkers Raceway, Inc. v. National Union Fire Insurance Co. of PittsburghNew York Supreme Court · 1957
  3. Ray v. Bee Line, Inc.New York Supreme Court · 1943
  4. Reed v. RossAppellate Division of the Supreme Court of the State of New York · 1940
  5. Konigsberg v. Long Island Daily Press Publishing Co.New York Supreme Court · 1968

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