Fontana v. Town of Hempstead

William R. Brennan, Jr., J.

The plaintiffs have brought an action against the defendants, one of which is the Town of Hempstead, for trespass upon a roadway, title to which they claim, and for an injunction against a continuance of the trespass, as well as for other relief in the nature of restraining a nuisance. The defendants have moved for a change of venue to the County of Nassau.

The plaintiffs raise a preliminary objection that the motion does not lie because the demands and affidavits for change of venue were not made by the defendants, both of whom are corporations, in person. Reliance…