Harmon v. Van Ness
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Harriet B. Harmon and another, by their guardian ad litem, against Cornelius H. Van Ness, individually and as executor and trustee, and others. From an order denying a motion to change the place of trial from New York county to Orange county, said defendant Van Ness appeals.
1Opinion of the CourtHatch, J.
This motion was made pursuant to the provisions of section 982 of the Code of Civil Procedure, on the ground, that the action is brought to procure a judgment affecting an estate, right, title, or interest in real property wholly situated in the county of Orange, and upon the further ground that the place of the transaction involved in the action is in said county, and the- cause of action, therefore, arose there. It was opposed upon the merits, and upon the grounds that the motion was made too late, and that the defendant Wood did not join in the motion.
The material facts are as follows:…
2Cases cited4 opinions
- Veeder v. . BakerNew York Court of Appeals · 1880
- Penniman v. Fuller & Warren Co.New York Court of Appeals · 1892
- Acker v. . LelandNew York Court of Appeals · 1884
- Talman v. BarnesNew York Supreme Court · 1834
3Cited by1 opinion
- Polmanteer v. BadeauNew York Supreme Court · 1916