MIDWEST MOWER CORP. v. LOBER


31 Misc.2d 191 (1956)

Midwest Mower Corporation, Plaintiff, v. Morris Lober, Defendant.

Supreme Court, Special Term, New York County.

October 22, 1956


Attorney(s) appearing for the Case

Roy M. Cohn and Saul D. Kassow for defendant. Fields, Zimmerman, Skodnick & Segall (Seymour H. Smith of counsel), for plaintiff.


S. SAMUEL DI FALCO, J.

This is a motion by defendant for an order changing the place of trial of the action from Queens County to New York County pursuant to section 187 of the Civil Practice Act and rule 146 of the Rules of Civil Practice. Plaintiff opposes on the grounds (1) that the motion is not properly before this court and (2) even if it were it should not be granted.

It appears that plaintiff, concededly a nonresident of this State, brought...

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