Geidel v. Niagara Mohawk Power Corp.

In this action plaintiff seeks damages (including treble damages pursuant to section 861 of the Beal Property Actions and Proceedings Law) for cutting of trees and other injury to property located in St. Lawrence County. Plaintiff resides in both Nassau and St. Lawrence Counties and the action is, therefore, properly brought in Nassau, CPLB 503 (suhd. [a]), unless it must be considered an action affecting “ title to, or the possession, use or enjoyment of, real property ” within the meaning of CPLB 507, Beluctantly, the court concludes that it must order the change of venue sought, but in the…