FISHMAN v. WAGNER


7 A.D.2d 967 (1959)

Dewitt C. Fishman, Respondent, v. Lawrence Wagner et al., Appellants

Appellate Division of the Supreme Court of the State 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...

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