McMahon v. New York Power & Light Corp.

Appellate Division of the Supreme Court of New York

McMahon v. New York Power & Light Corp.

272 A.D.2d 856

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

DecidedMay 14, 1947

StatusPublished

This text of 272 A.D.2d 856 (McMahon v. New York Power & Light Corp.) 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

McMahon v. New York Power & Light Corp., 272 A.D.2d 856 (N.Y. Ct. App. 1947).

Pincite

Opinion

Appeal from an order denying the motion of defendant-appellant to change the place of trial from Saratoga County to Albany County. The plaintiff is a nonresident of the State of New York, Defendant-appellant is a domestic corporation .with its principal office and place of business in Albany County. The same logic which permits an action against railroad companies in any county where they have property and maintain their lines would suggest a comparable rule as to utilities of the type of the defendant. However, such a decision would be judicial legislation. If a change of the rule is to be made it is for the Legislature. Order denying motion to change the place of trial reversed, on the law, with $10 costs and disbursements. Motion of the defendant to change the place of trial from Saratoga County to Albany County granted. All concur.

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Appeal from an order denying the motion of defendant-appellant to change the place of trial from Saratoga County to Albany County. The plaintiff is a nonresident of the State of New York, Defendant-appellant is a domestic corporation .with its principal office and place of business in Albany County. The same logic which permits an action against railroad companies in any county where they have property and maintain their lines would suggest a comparable rule as to utilities of the type of the defendant. However, such a decision would be judicial legislation. If a change of the rule is to be made it is for the Legislature. Order denying motion to change the place of trial reversed, on the law, with $10 costs and disbursements. Motion of the defendant to change the place of trial from Saratoga County to Albany County granted. All concur.

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Bluebook (online)

272 A.D.2d 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmahon-v-new-york-power-light-corp-nyappdiv-1947.