Mau-Ste Fallsburg Corp. v. Cohen

Appellate Division of the Supreme Court of New York

Mau-Ste Fallsburg Corp. v. Cohen

278 A.D. 770, 103 N.Y.S.2d 490, 1951 N.Y. App. Div. LEXIS 4688

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

DecidedApril 2, 1951

StatusPublished

Cited by1 cases

This text of 278 A.D. 770 (Mau-Ste Fallsburg Corp. v. Cohen) 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

Mau-Ste Fallsburg Corp. v. Cohen, 278 A.D. 770, 103 N.Y.S.2d 490, 1951 N.Y. App. Div. LEXIS 4688 (N.Y. Ct. App. 1951).

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Opinion

— In an action to recover damages for fraud and for the return of security deposited on the execution of a lease, plaintiff appeals from an order granting defendants’ motion to change the place of trial from Kings County to Sullivan County on the ground that the convenience of material witnesses will be promoted by the change. (Civ. Prae. Act, § 187, subd. 3.) Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs. Although the cause of action arose in Sullivan County, defendants have not shown that the material witnesses resident in Sullivan County sufficiently outnumber the material witnesses resident in Kings County to justify a change of the place of trial, since the action is brought as of right in Kings County. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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— In an action to recover damages for fraud and for the return of security deposited on the execution of a lease, plaintiff appeals from an order granting defendants’ motion to change the place of trial from Kings County to Sullivan County on the ground that the convenience of material witnesses will be promoted by the change. (Civ. Prae. Act, § 187, subd. 3.) Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, with $10 costs. Although the cause of action arose in Sullivan County, defendants have not shown that the material witnesses resident in Sullivan County sufficiently outnumber the material witnesses resident in Kings County to justify a change of the place of trial, since the action is brought as of right in Kings County. Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

278 A.D. 770, 103 N.Y.S.2d 490, 1951 N.Y. App. Div. LEXIS 4688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mau-ste-fallsburg-corp-v-cohen-nyappdiv-1951.

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