Corbett v. Bronx Buick Co.

The parties having stipulated in writing that this ease may be decided by a court of four justices, the decision is as follows: Order denying motion to change place of trial affirmed, with ten dollars costs and disbursements. We adhere to our ruling in Goldfeder v. Greenberg ( 189 App. Div. 184 ), but the facts here shown must be considered a waiver upon the part of defendants to obtain a change of the place of trial as a matter of right. Rich, Young, Kapper and Hagarty, JJ., concur.