F. H. S. Operating Co. v. National Fire Insurance

286 A.D. 1026, 145 N.Y.S.2d 240, 1955 N.Y. App. Div. LEXIS 7248

Opinion

No opinion. Nolan, P. J., MacCrate and Beldock, JJ., concur; Murphy and Ughetta, JJ., dissent and vote to modify the order by striking therefrom the second ordering paragraph and by substituting a provision granting defendants’ motion, with the following memorandum: Rule 6 of the Nassau County Supreme Court Rules conditions granting of a preference on proper venue. None of the parties is a resident of that county and, therefore, venue was not properly laid therein. The mere failure of defendants to move for change of venue does not constitute a compliance with the condition in the rule. The denial of defendants’ motion enables nonresidents not properly on the calendar to procure a preference over residents of the county.