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Polley v. Lehigh Valley Railroad

200 N.Y. 585 Court N.Y. Decision date 1911-01-24 English

Judges Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.

Contents

Majority

p. 585
Leon D. Polley, Respondent, v. Lehigh Valley Railroad Company, Appellant.

Headnote

Polley v. Lehigh Valley R. R. Co., 138 App. Div. 636 , affirmed.
(Submitted January 4, 1911;
decided January 24, 1911.)
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department,
p. 586
entered May 6, 1910, which affirmed an order of Special Term denying a motion for a change of venue.
The following question was certified: “ Did the defendant reside within the county of Cortland within the meaning of section 984 of the Code of Civil Procedure at the time of the commencement of this action ? ”
Alexander S. Diven for appellant.
Clayton R. Lush for respondent.

Order affirmed, with costs; question certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., Vann, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.