Fishman v. Wagner

Appellate Division of the Supreme Court of New York

Fishman v. Wagner

7 A.D.2d 967, 183 N.Y.S.2d 1, 1959 N.Y. App. Div. LEXIS 9782

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

DecidedMarch 3, 1959

StatusPublished

This text of 7 A.D.2d 967 (Fishman v. Wagner) 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

Fishman v. Wagner, 7 A.D.2d 967, 183 N.Y.S.2d 1, 1959 N.Y. App. Div. LEXIS 9782 (N.Y. Ct. App. 1959).

Pincite

Opinion

Order unanimously affirmed, with $20 costs and disbursements to the respondent. The affidavits submitted by the defendants, in opposition to the motion to change the venue to Westchester County and in support of the cross motion to remove the action to Essex County, fail to show that the defendants are residents of Essex County within the meaning and requirements of section 182 of the Civil Practice Act. Under the circumstances, since plaintiff is a resident of Westchester County, the removal of the action to that county was proper. Concur — Botein, P. J., M. M. Frank, Yalente, Stevens and Bastow, JJ.

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Order unanimously affirmed, with $20 costs and disbursements to the respondent. The affidavits submitted by the defendants, in opposition to the motion to change the venue to Westchester County and in support of the cross motion to remove the action to Essex County, fail to show that the defendants are residents of Essex County within the meaning and requirements of section 182 of the Civil Practice Act. Under the circumstances, since plaintiff is a resident of Westchester County, the removal of the action to that county was proper. Concur — Botein, P. J., M. M. Frank, Yalente, Stevens and Bastow, JJ.

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Bluebook (online)

7 A.D.2d 967, 183 N.Y.S.2d 1, 1959 N.Y. App. Div. LEXIS 9782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fishman-v-wagner-nyappdiv-1959.