Bohm v. Bohm

Appellate Division of the Supreme Court of New York

Bohm v. Bohm

37 A.D.2d 958, 326 N.Y.S.2d 534, 1971 N.Y. App. Div. LEXIS 2909

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 30, 1971

StatusPublished

This text of 37 A.D.2d 958 (Bohm v. Bohm) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bohm v. Bohm, 37 A.D.2d 958, 326 N.Y.S.2d 534, 1971 N.Y. App. Div. LEXIS 2909 (N.Y. Ct. App. 1971).

Pincite

Opinion

Order, Supreme Court, New York County, entered July 27, 1971, unanimously reversed, on the law and the facts, without costs and without disbursements; defendant’s motion for change of venue to Westchester County granted, without costs; and plaintiff’s motion for temporary alimony, counsel fees and custody of children denied, without prejudice to renewal in Westchester County. Since both parties resided in Westchester County at the time of the commencement of this action, it was improperly brought in New York County (CPLR 503, subd. [a]; 510, 511). Furthermore, plaintiff’s affidavits fail to properly establish that the convenience of witnesses or the ends of justice require the retention of venue in New York County. (See 2 Weinstein-KornMiller, N. Y. Civ. Prae., pars. 510.12, 510.14.) It appears that the plaintiff is employed and has some personal assets, and that the defendant is adhering to an agreement incorporated in a Family Court order for weekly payments for support of his children. There being no emergency situation involved, we adhere to a policy which calls for a denial of a motion, notice of which was served with the summons and which was made returnable in a county in which the venue was improperly laid. Concur •— Capozzoli, J. P., McGivern, Markewich, Murphy and Eager, JJ.

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Order, Supreme Court, New York County, entered July 27, 1971, unanimously reversed, on the law and the facts, without costs and without disbursements; defendant’s motion for change of venue to Westchester County granted, without costs; and plaintiff’s motion for temporary alimony, counsel fees and custody of children denied, without prejudice to renewal in Westchester County. Since both parties resided in Westchester County at the time of the commencement of this action, it was improperly brought in New York County (CPLR 503, subd. [a]; 510, 511). Furthermore, plaintiff’s affidavits fail to properly establish that the convenience of witnesses or the ends of justice require the retention of venue in New York County. (See 2 Weinstein-KornMiller, N. Y. Civ. Prae., pars. 510.12, 510.14.) It appears that the plaintiff is employed and has some personal assets, and that the defendant is adhering to an agreement incorporated in a Family Court order for weekly payments for support of his children. There being no emergency situation involved, we adhere to a policy which calls for a denial of a motion, notice of which was served with the summons and which was made returnable in a county in which the venue was improperly laid. Concur •— Capozzoli, J. P., McGivern, Markewich, Murphy and Eager, JJ.

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Bluebook (online)

37 A.D.2d 958, 326 N.Y.S.2d 534, 1971 N.Y. App. Div. LEXIS 2909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bohm-v-bohm-nyappdiv-1971.