JACOBY v. ALGONQUIN GAS TRANSMISSION CO.


285 A.D. 941 (1955)

Charles Jacoby, Respondent, v. Algonquin Gas Transmission Company, Appellant

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

March 22, 1955.


Order denying defendant's motion for a change of venue, from New York County to Westchester County, unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted.

The action comes within the provisions of subdivision 9 of section 183 of the Civil Practice Act. The pleadings indicate that the defendant claims certain rights, not only to the seventy-five-foot right of way concededly granted to it, but also with respect to other lands...

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