Faller v. Dessarro

Appellate Division of the Supreme Court of New York

Faller v. Dessarro

12 A.D.2d 889, 210 N.Y.S.2d 29, 1961 N.Y. App. Div. LEXIS 13330

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

DecidedJanuary 12, 1961

StatusPublished

This text of 12 A.D.2d 889 (Faller v. Dessarro) 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

Faller v. Dessarro, 12 A.D.2d 889, 210 N.Y.S.2d 29, 1961 N.Y. App. Div. LEXIS 13330 (N.Y. Ct. App. 1961).

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Opinion

Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs. Memorandum: Plaintiff having failed to make a proper showing to retain venue in Erie County pursuant to section 187 of the Civil Practice Act, we conclude that section 242 of the Second Class Cities Law is here controlling and the place of trial should be changed to Oneida County. (Appeal from order of Erie Special Term denying motion by defendant City of Utica to change the place of trial from Erie County to Oneida County.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Order unanimously reversed, without costs of this appeal to either party, and motion granted, without costs. Memorandum: Plaintiff having failed to make a proper showing to retain venue in Erie County pursuant to section 187 of the Civil Practice Act, we conclude that section 242 of the Second Class Cities Law is here controlling and the place of trial should be changed to Oneida County. (Appeal from order of Erie Special Term denying motion by defendant City of Utica to change the place of trial from Erie County to Oneida County.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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Bluebook (online)

12 A.D.2d 889, 210 N.Y.S.2d 29, 1961 N.Y. App. Div. LEXIS 13330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faller-v-dessarro-nyappdiv-1961.