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Great Woodworking Co., Inc., v. Walley

Supreme Court, Appellate Term, First Department
Nov 14, 1929
135 Misc. 213 (N.Y. App. Term 1929)

Opinion

November 14, 1929.

Appeal from the Municipal Court, Borough of Manhattan, Fourth District.

Harry G. Fromberg, for the appellant.

Abraham I. Smolens, for the respondent.

Present, BIJUR, LYDON and CALLAHAN, JJ.


Section 17 of the Municipal Court Code still requires that actions be brought in the districts in which either the plaintiff or the defendant resides or has a place for the transaction of business. Although the specific procedure to be followed where an action is brought in the wrong district formerly contained in subdivision 2 of the section has been omitted from the amended section the court is required to enforce the statute and change the venue when a proper application is made.

Judgment and orders reversed and a new trial ordered in the Second District, Borough of Manhattan, with thirty dollars costs to appellant to abide the event.

All concur.


Summaries of

Great Woodworking Co., Inc., v. Walley

Supreme Court, Appellate Term, First Department
Nov 14, 1929
135 Misc. 213 (N.Y. App. Term 1929)
Case details for

Great Woodworking Co., Inc., v. Walley

Case Details

Full title:THE GREAT WOODWORKING CO., INC., Respondent, v. CHARLES WALLEY, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 14, 1929

Citations

135 Misc. 213 (N.Y. App. Term 1929)
237 N.Y.S. 374

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