SOCONY MOBIL OIL CO., INC. v. MACALUSO


13 A.D.2d 575 (1961)

Socony Mobil Oil Company, Inc., Appellant, v. George Macaluso, Respondent

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

March 9, 1961


Order dismissed, with $10 costs, as not properly taken to the Appellate Division of the Third Department.

The motion to change the place of trial from Albany County, as not the proper county, was properly heard and determined in Jefferson County, pursuant to rule 146 of the Rules of Civil Practice, upon plaintiff's failure, after demand, either to consent thereto or to serve the affidavit required by rule 146. The order was granted expressly upon the ground that Albany...

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