O'Shaughnessy v. Marchese

Appellate Division of the Supreme Court of New York

O'Shaughnessy v. Marchese

60 A.D.2d 882, 401 N.Y.S.2d 285, 1978 N.Y. App. Div. LEXIS 9926

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

DecidedJanuary 23, 1978

StatusPublished

Cited by1 cases

This text of 60 A.D.2d 882 (O'Shaughnessy v. Marchese) 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

O'Shaughnessy v. Marchese, 60 A.D.2d 882, 401 N.Y.S.2d 285, 1978 N.Y. App. Div. LEXIS 9926 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action, inter alia, to impress a trust on real property, defendant appeals from an order of the Supreme Court, Nassau County, entered May 6, 1977, which denied his motion to transfer the action to the Supreme Court, Queens County. Order affirmed, with $50 costs and disbursements. The motion for a change of venue on the ground that the county designated by the plaintiff is not a proper one under CPLR 507, brought almost two years after the answer was served (cf. CPLR 511, subd [a]), was not made until after the cancellation of the notice of pendency, pursuant to stipulation, and the sale of the real property. On this record the denial of the motion constituted a proper exercise of discretion (see 2 Weinstein-KornMiller, NY Civ Prac, pars 507.01, 509.01, 510.06, 511.05; see, also, Callanan Ind. v Sovereign Constr. Co., 44 AD2d 292; Preisler v Velasquez, 65 Misc 2d 703). Damiani, J. P., Titone, Shapiro and Cohalan, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action, inter alia, to impress a trust on real property, defendant appeals from an order of the Supreme Court, Nassau County, entered May 6, 1977, which denied his motion to transfer the action to the Supreme Court, Queens County. Order affirmed, with $50 costs and disbursements. The motion for a change of venue on the ground that the county designated by the plaintiff is not a proper one under CPLR 507, brought almost two years after the answer was served (cf. CPLR 511, subd [a]), was not made until after the cancellation of the notice of pendency, pursuant to stipulation, and the sale of the real property. On this record the denial of the motion constituted a proper exercise of discretion (see 2 Weinstein-KornMiller, NY Civ Prac, pars 507.01, 509.01, 510.06, 511.05; see, also, Callanan Ind. v Sovereign Constr. Co., 44 AD2d 292; Preisler v Velasquez, 65 Misc 2d 703). Damiani, J. P., Titone, Shapiro and Cohalan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

60 A.D.2d 882, 401 N.Y.S.2d 285, 1978 N.Y. App. Div. LEXIS 9926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oshaughnessy-v-marchese-nyappdiv-1978.

Opinion

Related

Cite This Page — Counsel Stack