Contracts · MBE-tested
Rose Gincel, Respondent, v. Dore Cohen, Appellant
167 A.D. 918·New York Supreme Court, Appellate Division·1915·NY
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Opinion
Rose Gincel, Respondent, v. Dore Cohen, Appellant.
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 29th day of December, 1914, denying a motion to change the place of trial from New York county to Sullivan county.
[MAJORITY — Per Curiam:]
Per Curiam:
As the contract was made in Sullivan county and was to be there performed, and as the plaintiff’s assignor therein described himself as a resident of Sullivan county, we think that county is the proper place for the trial. The order appealed from must be reversed, with ten dollars costs and disbursements, and the motion granted. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted.