Frank v. Herman

New York Supreme Court

Frank v. Herman

183 Misc. 678, 53 N.Y.S.2d 559, 1944 N.Y. Misc. LEXIS 1451

DecidedOctober 9, 1944

StatusPublished

This text of 183 Misc. 678 (Frank v. Herman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank v. Herman, 183 Misc. 678, 53 N.Y.S.2d 559, 1944 N.Y. Misc. LEXIS 1451 (N.Y. Super. Ct. 1944).

Pincite

Opinion

Hooley, J.

Motion by plaintiff for an order striking out the counterclaim of defendant, without prejudice to the bringing of another action.

The motion is denied. While it is true that the counterclaim sets forth a cause of action which must be tried in Suffolk County under the provisions of subdivisions 5 and 9 of section 183 of the Civil Practice Act, section 186 of the Civil Practice Act and rule 146 of the Buies of Civil Practice provide that, although the county designated in the complaint as the place of trial is not the proper county, the action may be tried therein unless the place of trial is changed to the proper county upon timely demand of the defendant followed by the consent of plaintiff or order of the court. (Reichenbach v. Corn Exchange Bank Trust Co., 249 App. Div. 539.) By the same reasoning, the counterclaim may be tried in Queens County, in the absence of a demand and consent, or order of the court.

Free access — add to your briefcase to read the full text and ask questions with AI

Hooley, J.

Motion by plaintiff for an order striking out the counterclaim of defendant, without prejudice to the bringing of another action.

The motion is denied. While it is true that the counterclaim sets forth a cause of action which must be tried in Suffolk County under the provisions of subdivisions 5 and 9 of section 183 of the Civil Practice Act, section 186 of the Civil Practice Act and rule 146 of the Buies of Civil Practice provide that, although the county designated in the complaint as the place of trial is not the proper county, the action may be tried therein unless the place of trial is changed to the proper county upon timely demand of the defendant followed by the consent of plaintiff or order of the court. (Reichenbach v. Corn Exchange Bank Trust Co., 249 App. Div. 539.) By the same reasoning, the counterclaim may be tried in Queens County, in the absence of a demand and consent, or order of the court.

Cite This Page — Counsel Stack

Bluebook (online)

183 Misc. 678, 53 N.Y.S.2d 559, 1944 N.Y. Misc. LEXIS 1451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-herman-nysupct-1944.

Opinion

Related

Cite This Page — Counsel Stack