Maher v. Kay

Appellate Division of the Supreme Court of New York

Maher v. Kay

255 A.D. 883, 7 N.Y.S.2d 826, 1938 N.Y. App. Div. LEXIS 5753

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

DecidedNovember 28, 1938

StatusPublished

This text of 255 A.D. 883 (Maher v. Kay) 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

Maher v. Kay, 255 A.D. 883, 7 N.Y.S.2d 826, 1938 N.Y. App. Div. LEXIS 5753 (N.Y. Ct. App. 1938).

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Opinion

Order denying motion to change the venue from the county of Richmond to the county of Kings reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Appeal from order denying defendant-appellant’s motion to resettle the order as originally made dismissed. We are of opinion that it appears affirmatively from the record that the plaintiff-respondent is a resident of the county of Queens. The venue was laid in Richmond county and it is not disputed that the defendant-appellant resides in Kings county. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Order denying motion to change the venue from the county of Richmond to the county of Kings reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Appeal from order denying defendant-appellant’s motion to resettle the order as originally made dismissed. We are of opinion that it appears affirmatively from the record that the plaintiff-respondent is a resident of the county of Queens. The venue was laid in Richmond county and it is not disputed that the defendant-appellant resides in Kings county. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

255 A.D. 883, 7 N.Y.S.2d 826, 1938 N.Y. App. Div. LEXIS 5753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maher-v-kay-nyappdiv-1938.