Appellate Division of the Supreme Court of New York, 1951

Tripp v. Stower

Tripp v. Stower
Appellate Division of the Supreme Court of New York · Decided January 10, 1951
278 A.D. 593; 101 N.Y.S.2d 881; 1951 N.Y. App. Div. LEXIS 4054
Tripp v. Stower

Opinion of the Court

The portion of the order to show cause which granted the stay ex parte is vacated. Whether the Warren Special Term has jurisdiction to hear this motion to change the place of trial where the venue was laid in Albany County' is a question for determination, in the first instance, of the Special Term. The motion to vacate the remaining portion of the order to show cause is denied. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ.

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