Yachwak v. Conlen

Appellate Division of the Supreme Court of New York

Yachwak v. Conlen

260 A.D. 976, 23 N.Y.S.2d 313, 1940 N.Y. App. Div. LEXIS 5667

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

DecidedNovember 20, 1940

StatusPublished

This text of 260 A.D. 976 (Yachwak v. Conlen) 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

Yachwak v. Conlen, 260 A.D. 976, 23 N.Y.S.2d 313, 1940 N.Y. App. Div. LEXIS 5667 (N.Y. Ct. App. 1940).

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Opinion

Appeal from an order of the Special Term of Supreme Court, Albany county, filed in the Rensselaer county clerk’s office on June 5, 1940. The order appealed from denies the motion of the defendant Conlen for a change of place of trial from Rensselaer county to Albany county, and instead changes the place of trial to Saratoga county. The action was originally brought in Rensselaer county, which was not a proper county. The defendant-appellant moved for a change of venue to a proper county, and may insist that the venue be changed to the county selected. The order appealed from should be reversed and the place of trial of this action changed to Albany county. Order reversed, with ten dollars costs and disbursements, and venue changed to Albany county. Hill, P. J., Bliss, Heffernan, Schenck and Poster, JJ., concur.

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Appeal from an order of the Special Term of Supreme Court, Albany county, filed in the Rensselaer county clerk’s office on June 5, 1940. The order appealed from denies the motion of the defendant Conlen for a change of place of trial from Rensselaer county to Albany county, and instead changes the place of trial to Saratoga county. The action was originally brought in Rensselaer county, which was not a proper county. The defendant-appellant moved for a change of venue to a proper county, and may insist that the venue be changed to the county selected. The order appealed from should be reversed and the place of trial of this action changed to Albany county. Order reversed, with ten dollars costs and disbursements, and venue changed to Albany county. Hill, P. J., Bliss, Heffernan, Schenck and Poster, JJ., concur.

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Bluebook (online)

260 A.D. 976, 23 N.Y.S.2d 313, 1940 N.Y. App. Div. LEXIS 5667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yachwak-v-conlen-nyappdiv-1940.