New Haven Clock Co. v. Hubbard — 40 N.Y. St. Rep. 654

Majority

p. 654

In the Matter of the New Haven Clock Co., Resp’t, v. Richard Hubbard, App’lt.

(Supreme Court, General Term, First Department,

Filed October 16, 1891.)

Headnote

Venue—Change op.

The action was brought by a foreign corporation against a resident of Ulster county. Held, that under § 984 of the Code the action was properly triable in Ulster county, and defendant having served a demand with h's answer for a change of venue to that county was entitled as matter of right to have the change made.

Appeal from order denying motion to change place of trial. Wm. Lounsberry, for app’lt; Campbell & Murphy, for resp’ti

The plaintiff is a foreign corporation organized under the laws of the state of Connecticut; the defendant resides in Ulster county, in this state. After the service of the summons and complaint the defendant served upon the plaintiff a demand that the place of trial of this action be changed from the county of Hew York to the county of Ulster, the proper place of trial, and subsequently a motion was made to change the place of trial to Ulster county as the proper county.

By § 984 of the Code, an action must be tried in the county in which one of the parties resided at the commencement thereof.

As the only county in which either of the parties to this suit resided was Ulster county, this action must be tried in that county.

The notice demanding that the place of trial be changed was served with the answer, as required by § 986 of the Code, and we think defendant was entitled to have the place of trial changed to Ulster county as a matter of right, and his motion for that purpose should have been granted.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

Van Brunt, P. J., and Daniels, J., concur.