GARROW v. HOLCOMBE


56 A.D.2d 671 (1977)

Robert F. Garrow, Sr., Appellant, v. Jon K. Holcombe et al., Respondents

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

February 10, 1977


In our opinion the plaintiff has failed to establish that he was a resident of Clinton County for the purpose of venue (cf. Bradley v Plaisted, 277 App Div 620). Having determined that the venue should be changed, the order of Special Term should have been without prejudice to a renewal of plaintiff's motion for a default judgment. We do not in this proceeding pass upon the sufficiency of the complaint or the merits of plaintiff's alleged cause of action.

Order...

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