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PAYNE v. CIVIL SERV. ASSN.

15 A.D.2d 265 (1961)

Robert A. Payne, as Treasurer of New York State Employees, Council No. 50, American Federation of State, County and Municipal Employees, AFL-CIO, Appellant, v. Civil Service Employees Association, Inc., Respondent

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

December 20, 1961.

Attorney(s) appearing for the Case

Joseph M. Schwartz for appellant.

DeGraff, Foy, Conway & Holt-Harris (John T. DeGraff and Frank J. Lasch of counsel), for respondent.

BERGAN, P. J., COON, REYNOLDS and TAYLOR, JJ., concur.

GIBSON, J.

The plaintiff appeals from an order which granted defendant's motion to change the place of trial from New York County, where neither party resides, to Albany County, in which defendant resides and which was therefore held to be the proper county.

Plaintiff, who sues "as Treasurer" of an unincorporated association, brought the action in New York County, the summons designating that county and...

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