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McELROY v. CITY OF NEW YORK

45 Misc.2d 713 (1965)

James McElroy et al., Individually and as Attorneys in Fact, Plaintiffs, v. City of New York, Defendant.

Supreme Court, Special Term, Kings County.

March 1, 1965

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel, for defendant. Abrashkin & Krieger for plaintiffs.

BENJAMIN BRENNER, J.

Motion by the defendant City of New York for change of venue of an action brought by sanitation workers to recover unpaid wages for work performed to make up certain noonday meal allowance time.

The action against the city is, of course, triable in the county wherein the cause arose (CPLR 504, subd. 3; 511). The city contends that the cause arose in New York County because it was there that the City Comptroller has an office...

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