Ocasio v. Rundle

Appellate Division of the Supreme Court of New York

Ocasio v. Rundle

27 A.D.2d 834, 278 N.Y.S.2d 580, 1967 N.Y. App. Div. LEXIS 4535

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

DecidedMarch 30, 1967

StatusPublished

This text of 27 A.D.2d 834 (Ocasio v. Rundle) 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

Ocasio v. Rundle, 27 A.D.2d 834, 278 N.Y.S.2d 580, 1967 N.Y. App. Div. LEXIS 4535 (N.Y. Ct. App. 1967).

Pincite

Opinion

Order entered on December 22, 1966, unanimously reversed, in the exercise of discretion, with $30 costs and disbursements to the appellants, and the motion to change the venue of the action from New York County to Sullivan County granted. “ The general rule is that a transitory action, such as this, other things being equal, should be tried in the county in which the cause of action arose, [cases cited].” (Slavin v. Whispell, 5 A D 2d 296, 297—298.) This accident occurred in Sullivan County and no facts are presented which warrant a deviation from the general rule as expressed by McNally, J., in the ease cited. Concur—■ Botein, P. J., Stevens, McNally, MeGivern and Witmer, JJ.

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Order entered on December 22, 1966, unanimously reversed, in the exercise of discretion, with $30 costs and disbursements to the appellants, and the motion to change the venue of the action from New York County to Sullivan County granted. “ The general rule is that a transitory action, such as this, other things being equal, should be tried in the county in which the cause of action arose, [cases cited].” (Slavin v. Whispell, 5 A D 2d 296, 297—298.) This accident occurred in Sullivan County and no facts are presented which warrant a deviation from the general rule as expressed by McNally, J., in the ease cited. Concur—■ Botein, P. J., Stevens, McNally, MeGivern and Witmer, JJ.

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Bluebook (online)

27 A.D.2d 834, 278 N.Y.S.2d 580, 1967 N.Y. App. Div. LEXIS 4535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ocasio-v-rundle-nyappdiv-1967.