Majority
p. 585Leon D. Polley, Respondent, v. Lehigh Valley Railroad Company, Appellant. (Submitted January 4, 1911; decided January 24, 1911.)
Headnote
Polley v. Lehigh Valley R. R. Co., 138 App. Div. 636 , affirmed.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.