Strauss v. Ocean Accident & Guarantee Corp.

Section 48 of the City Court Act, unlike section 187 of the Civil Practice Act (Subd. 3), does not authorize a change in the place of trial on account of the convenience of witnesses. If, however, we regard the application as made upon the ground that the plaintiff is an assignee of the cause of action, or that the plaintiff is not a resident of Bronx county, the motion should have been denied because no demand specifying the county where the defendant required the action to be tried was served with or before *767the service of the answer as required by rule 146 of the Rules of Civil Practice. We…