Grady v. McHugh

Appellate Terms of the Supreme Court of New York

Grady v. McHugh

131 Misc. 303, 226 N.Y.S. 608, 1928 N.Y. Misc. LEXIS 664

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 21, 1928

StatusPublished

This text of 131 Misc. 303 (Grady v. McHugh) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grady v. McHugh, 131 Misc. 303, 226 N.Y.S. 608, 1928 N.Y. Misc. LEXIS 664 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

The court erred in denying the defendant’s motion to transfer this action from the district in which it was brought to the fifth district, borough of Brooklyn. The word “ or ” in the provision of section 17, subdivision 1, of the Municipal Court Code that an action may be brought in any district where all the plaintiffs “ or ” all the defendants reside out of the city should be read “ and,” and this court has so construed such action. (See Allen-Foster-Willett Co. v. Ginsberg, Appellate Term, First Department, October, 1915, not reported.)

Order reversed, with ten dollars costs, and motion for transfer of this action to the fifth district, borough of Brooklyn, granted.

All concur; present, Delehanty, Lydon and Levy, JJ.

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Per Curiam.

The court erred in denying the defendant’s motion to transfer this action from the district in which it was brought to the fifth district, borough of Brooklyn. The word “ or ” in the provision of section 17, subdivision 1, of the Municipal Court Code that an action may be brought in any district where all the plaintiffs “ or ” all the defendants reside out of the city should be read “ and,” and this court has so construed such action. (See Allen-Foster-Willett Co. v. Ginsberg, Appellate Term, First Department, October, 1915, not reported.)

Order reversed, with ten dollars costs, and motion for transfer of this action to the fifth district, borough of Brooklyn, granted.

All concur; present, Delehanty, Lydon and Levy, JJ.

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Bluebook (online)

131 Misc. 303, 226 N.Y.S. 608, 1928 N.Y. Misc. LEXIS 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grady-v-mchugh-nyappterm-1928.