Tri-City Furniture Dist., Inc. v. Reubens

Appellate Division of the Supreme Court of New York

Tri-City Furniture Dist., Inc. v. Reubens

79 A.D.2d 886, 434 N.Y.S.2d 532, 1980 N.Y. App. Div. LEXIS 14327

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

DecidedDecember 23, 1980

StatusPublished

Cited by1 cases

This text of 79 A.D.2d 886 (Tri-City Furniture Dist., Inc. v. Reubens) 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

Tri-City Furniture Dist., Inc. v. Reubens, 79 A.D.2d 886, 434 N.Y.S.2d 532, 1980 N.Y. App. Div. LEXIS 14327 (N.Y. Ct. App. 1980).

Pincite

Opinion

Order unanimously reversed, with costs, and motion denied, without prejudice to renewal in the proper county. Memorandum: Special Term (Monroe County) erred in granting defendants’ motion for change of venue from Albany County to Monroe County. Defendants on June 28, 1979 served by mail their demand for change of venue on the ground that Albany County was not the proper venue. Plaintiff timely served an affidavit alleging that Albany County was the proper county (CPLR 2103, subd [b], par 2). Therefore, defendants were required to make their motion for change of venue in the county designated by plaintiff or in an adjoining county (CPLR 511, subd [b]; 2212, subd [a]; see Allstate Ins. Co. v J. D. Whiting, Inc., 71 AD2d 1053). (Appeal from order of Monroe Supreme Court—change of venue.) Present—Dillon, P. J., Simons, Hancock, Jr., Callahan and Moule, JJ.

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

Order unanimously reversed, with costs, and motion denied, without prejudice to renewal in the proper county. Memorandum: Special Term (Monroe County) erred in granting defendants’ motion for change of venue from Albany County to Monroe County. Defendants on June 28, 1979 served by mail their demand for change of venue on the ground that Albany County was not the proper venue. Plaintiff timely served an affidavit alleging that Albany County was the proper county (CPLR 2103, subd [b], par 2). Therefore, defendants were required to make their motion for change of venue in the county designated by plaintiff or in an adjoining county (CPLR 511, subd [b]; 2212, subd [a]; see Allstate Ins. Co. v J. D. Whiting, Inc., 71 AD2d 1053). (Appeal from order of Monroe Supreme Court—change of venue.) Present—Dillon, P. J., Simons, Hancock, Jr., Callahan and Moule, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

79 A.D.2d 886, 434 N.Y.S.2d 532, 1980 N.Y. App. Div. LEXIS 14327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tri-city-furniture-dist-inc-v-reubens-nyappdiv-1980.

Opinion

Related

Cite This Page — Counsel Stack