From Casetext: Smarter Legal Research

Craig v. Clifton Springs Country Club, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 27, 1966
26 A.D.2d 903 (N.Y. App. Div. 1966)

Opinion

October 27, 1966

Appeal from the Ontario Special Term.

Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.


Order unanimously reversed, without costs of this appeal to either party, and motion granted. Memorandum: CPLR 507 mandates that the venue of an action in which the judgment demanded would affect the title to real property shall be in the county in which any part of the realty is situated. The complaint herein, among other relief, sought a decree directing defendant to execute and deliver to plaintiff a mortgage upon realty situated in Ontario County. The venue of the action was placed in Monroe County and defendant following appropriate demand moved for change to Ontario County. The motion should have been granted. The line of demarcation in applying the statutory provision and its predecessors is whether the action "involves" title to real property or "affects" title to realty (cf. Grace v. Deepdale, Inc., 3 A.D.2d 397, 398). It is only as to the latter class of actions that the statute extends. If plaintiff succeeds and a decree is made directing execution of a mortgage on the realty it is clear that the title thereto would be "affected". Trial in the county of the realty is favored "In the interest of orderly procedure and for the sake of facility and certainty in title records." ( Reichenbach v. Corn Exch. Bank Trust Co., 249 App. Div. 539, 541; see, generally, 2 Weinstein-Korn-Miller, N.Y. Civ. Prac., pars. 507.01-507.03.)


Summaries of

Craig v. Clifton Springs Country Club, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 27, 1966
26 A.D.2d 903 (N.Y. App. Div. 1966)
Case details for

Craig v. Clifton Springs Country Club, Inc.

Case Details

Full title:ARCHIE CRAIG, Respondent, v. CLIFTON SPRINGS COUNTRY CLUB, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 27, 1966

Citations

26 A.D.2d 903 (N.Y. App. Div. 1966)

Citing Cases

Williams Enter., Inc. v. N.Y. State Urban Dev.

Where two venue provisions are in conflict, as here, venue is favored in the county in which the realty is…

Suddin v. Lynbrook Gardens

As one court noted: "Trial in the county of the realty is favored `[i]n the interest of orderly procedure and…