Majority
p. 804Alfred C. Cheney, App’lt, v. Samuel W. Schuyler et al., Resp’ts. (Supreme Court, General Term, First Department, Filed October 20, 1892.)
Headnote
Tenue—Action to change.An action will not lie to change the venue of another action which has been already brought.
Appeal from an order denying a motion for an injunction to restrain defendants from prosecuting an action begun in Albany ■county to reform a policy of insurance.
John J. Adams, for app’lt; A. L: Andrews, for resp’ts.
This action seems to have been brought for the purpose of changing the venue of an action which the plaintiff in that action had a right to have tried in another jurisdiction ; in which action the plaintiff’s predecessor in title had intervened, been made a party and answered, setting up his
p. 805
rights, and subsequent to which such predecessor had sold all his interest in the subject-matter to the plaintiff herein, who necessarily took his title subject to that which had been done by the owner in respect thereto. We know of no practice which justifies the bringing of an action to change the venue of another action, which has been already brought. The order should- be affirmed, with ton dollars costs and disbursements.
O’Brien and Lawrence, JJ., concur.