Opinion · Nylaw New York

FISHMAN v. WAGNER, 7 A.D.2d 967 [1st Dept 1959]

DEWITT C. FISHMAN, Respondent, v. LAWRENCE WAGNER et al., Appellants., 7 A.D.2d 967 (Appellate Division of the Supreme Court of New York, First Department. 1959)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1959-03-03
Topic: general

FISHMAN v. WAGNER, 7 A.D.2d 967 [1st Dept 1959] DEWITT C. FISHMAN, Respondent, v. LAWRENCE WAGNER et al., Appellants.Appellate Division of the Supreme Court of New York, First Department. March 3, 1959 Order unanimously affirmed, with $20 costs and disbursements to the respondent.

Citator

UpLaw has not yet analyzed FISHMAN v. WAGNER, 7 A.D.2d 967 [1st Dept 1959]. The absence of a flag is not a finding that it is good law.

FISHMAN v. WAGNER,7 A.D.2d 967[1st Dept 1959]

DEWITT C. FISHMAN, Respondent, v. LAWRENCE WAGNER et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

March 3, 1959

Order unanimously affirmed, with $20 costs and disbursements to the respondent. The affidavits submitted by the defendants, in opposition to the motion to change the venue to Westchester County and in support of the cross motion to remove the action to Essex County, fail to show that the defendants are residents of Essex County within the meaning and requirements of section 182 of the Civil Practice Act. Under the circumstances, since plaintiff is a resident of Westchester County, the removal of the action to that county was proper.

Concur — Botein, P.J., M.M. Frank, Valente, Stevens and Bastow, JJ.