Midwest Mower Corp. v. Lober

This is a motion by defendant for an order changing the place of trial of the action from Queens County to New York County pursuant to section 187 of the Civil Practice Act and rule 146 of the Buies of Civil Practice. Plaintiff opposes on the grounds (1) that the motion is not properly before this court and (2) even if it were it should not be granted.

It appears that plaintiff, concededly a nonresident of this State, brought this action in Queens County. Pursuant to said rule 146 defendant served with his answer a written demand that the place of trial be changed to New York County upon the…