Legal Opinion
De Riso v. Kennedy
New York Supreme Court
Decided June 11, 1958PublishedCited by 4 opinions
1Opinion of the CourtAnthony J. Di Giovanna, J.
This is a motion to change the venue of an article 78 proceeding directed against the Police Commissioner of the City of New York and the members of the Department of Personnel, Civil Service Commission of the City of New York.
*323Objection is made by the petitioner that rule 146 of the Rules of Civil Practice cannot be used as the mechanics for a change of venue. Rule 146 says that If the defendant in an action in the supreme court demand that the action be tried in the proper county, he must serve with the answer, or before service of the answer, a written demand accordingly. ’ ’
It is the…
2Cases cited4 opinions
- Felice v. SwezeyAppellate Division of the Supreme Court of the State of New York · 1951
- Daley v. Board of EstimateAppellate Division of the Supreme Court of the State of New York · 1939
- Matter of Zorach v. Clauson, SpauldingNew York Court of Appeals · 1949
- McDermott v. JohnsonNew York Supreme Court · 1955
3Cited by4 opinions
- Beary v. Queens County Bar Ass'nNew York Supreme Court · 1960
- Caparco v. KaplanNew York Supreme Court · 1962
- Manzi v. KaplanNew York Supreme Court · 1962
- Weingarten v. Board of EducationNew York Supreme Court · 2004