Phillips v. Tietjen
Appellate Division of the Supreme Court of the State of New York
Appeal by' the plaintiff, Ellen Phillips, from an order of the Supreme Court, made at the Queens County Trial Term and entered in the office of the clerk of the county of Queens on the 14th day of June, 1905, denying the plaintiff’s motion to restore the action to the general calendar of the court in that county; and changing the place of trial of the action from the county of Queens to the county of Eew York.
1Opinion of the Court
Hirschberg, P. J.:
The action was commenced in May,'' 1904, to recover damages for personal injuries charged to the defendant’s negligence. The venue was laid in Queens county, whére neither party then resided. At that time both parties resided .and have ever since resided in the county of Hew York. The defendant, however, made no demand for a change of the place of trial, but served an answer in due season and the casé was placed on the general calendar for trial in Queens county in October, 1904. At the April term in 1905 the- case was ready for trial but was not reached. At the June term it…
2Cases cited10 opinions
- Penniman v. Fuller & Warren Co.New York Court of Appeals · 1892
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
- McConihe v. PalmerNew York Supreme Court · 1894
- Binder v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Harmon v. Van NessAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fusco v. RothNew York City Family Court · 1979
- Howard v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2004
- Cronin v. Manhattan Transit Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Preisler v. VelasquezNew York Supreme Court · 1971
- Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1912
10 more not listed; retrieve them via the Exa API.