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LIEBERMAN v. CAPPELLINO

277 A.D. 895 (1950)

Herman Lieberman, Appellant, v. Paul Cappellino, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1950.

Although the plaintiff is not a resident of Kings County, the rule accords to a nonresident of the county the right of preference if he is the "assignee" of the cause of action, and if the assignor was, at the time the cause of action arose, a resident of the county. The payee, by whom the note was indorsed and transferred to the plaintiff, was and is such resident of the county and, therefore, the plaintiff, as the present owner...

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