Rothouse v. Ass'n of Lake Mohegan Park Property Owners, Inc.

There is before me for disposition a two-pronged motion by the defendant and a cross motion by the plaintiff.(1) The defendant moves for a change of venne from New York County to Westchester County. This prayer is denied without prejudice to a renewal upon proper papers. The defendant asserts that the action affects a right or interest in real property and, therefore, should be tried in Westchester County, where the property is located. The plaintiff contends that the suit does not involve a change in the title of the property in question, is a transitory action and may be tried in New York…