ROSS v. CITY OF ROCHESTER


8 A.D.2d 925 (1959)

Ogden J. Ross et al., Appellants, v. City of Rochester et al., Respondents

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

June 17, 1959


"The place of trial * * * against a city * * * shall be in the county in which the city is situated." The action is in negligence and the summons and complaint establish the venue in the County of Rensselaer. The defendant, City of Rochester, served an answer and demand for bill of particulars designating the County of Monroe as the venue. Apparently it came to the attention of the attorneys for the city the inconsistency with reference to the venue, and within two days after...

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