Gerdon Credit Corp. v. Fletcher

Appellate Division of the Supreme Court of New York

Gerdon Credit Corp. v. Fletcher

30 A.D.2d 688, 292 N.Y.S.2d 327, 1968 N.Y. App. Div. LEXIS 3733

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

DecidedJune 17, 1968

StatusPublished

This text of 30 A.D.2d 688 (Gerdon Credit Corp. v. Fletcher) 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

Gerdon Credit Corp. v. Fletcher, 30 A.D.2d 688, 292 N.Y.S.2d 327, 1968 N.Y. App. Div. LEXIS 3733 (N.Y. Ct. App. 1968).

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Opinion

Defendants appeal from (a) an order of the Supreme Court, Orange County, dated January 2, 1968, which denied their motion for a change of venue from Orange County to New York County and, (b) as limited by their brief, from so much of an order of the same court, dated January 30, 1968, which, on reargument, adhered to the original determination. Order of January 30, 1968 reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and motion for change of venue to New York County granted, with $10 costs. Appeal from order of January 2, 1968 dismissed, without costs, as moot and because that order was superseded by the order on [689]*689reargument. In our opinion, plaintiff is not a holder in due course of a negotiable instrument and on this record defendants have established that the residence of plaintiff’s assignor is not in Orange County (Payne v. Civil Serv. Employees Assn., 15 A D 2d 265, 267-268). Hence, defendants were entitled to a change of venue to New York County, the county of their residence (CPLR 503, 510; Tripodi v. Wien, 15 A D 2d 744; Commercial State Bank & Trust Co. of N. Y. v. Ritz, 4 A D 2d 674; Reed v. Ross, 260 App. Div. 596). Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

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Defendants appeal from (a) an order of the Supreme Court, Orange County, dated January 2, 1968, which denied their motion for a change of venue from Orange County to New York County and, (b) as limited by their brief, from so much of an order of the same court, dated January 30, 1968, which, on reargument, adhered to the original determination. Order of January 30, 1968 reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and motion for change of venue to New York County granted, with $10 costs. Appeal from order of January 2, 1968 dismissed, without costs, as moot and because that order was superseded by the order on [689]*689reargument. In our opinion, plaintiff is not a holder in due course of a negotiable instrument and on this record defendants have established that the residence of plaintiff’s assignor is not in Orange County (Payne v. Civil Serv. Employees Assn., 15 A D 2d 265, 267-268). Hence, defendants were entitled to a change of venue to New York County, the county of their residence (CPLR 503, 510; Tripodi v. Wien, 15 A D 2d 744; Commercial State Bank & Trust Co. of N. Y. v. Ritz, 4 A D 2d 674; Reed v. Ross, 260 App. Div. 596). Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 688, 292 N.Y.S.2d 327, 1968 N.Y. App. Div. LEXIS 3733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerdon-credit-corp-v-fletcher-nyappdiv-1968.

Opinion

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