Summary
In County of Westchester v. Department of Health of City of New York (297 N.Y. 491, supra) the denial of the motion to change the place of venue from Westchester County to New York County, was by reason of section 118 of the Westchester County Charter [L. 1937, ch. 617] which expressly provided that Westchester County shall be the place of venue of any action in which Westchester County was a party.
Summary of this case from Reeve v. O'DWYEROpinion
Argued May 13, 1947
Decided May 29, 1947
Appeal from the Supreme Court, Appellate Division, Second Department, SNEED, J.
Charles E. Murphy, Corporation Counsel ( W. Bernard Richland, Bernard Friedlander and Joseph J. Lucchi of counsel), for appellants.
Harry G. Herman, County Attorney ( Francis J. Morgan of counsel), for respondents.
Marcus G. Christ, County Attorney ( John J. Knob of counsel), for County of Nassau, amicus curiae, in support of respondents' position.
Henry Epstein and James M. Grossman for Sheffield Farms Company, Queensboro Farms Products, Inc., Middletown Milk Cream Co., Inc., and Crowley's Milk Company, Inc., defendants.
Seward A. Miller for Dairymen's League Co-operative Association, Inc., defendant.
A. Donald MacKinnon for The Borden Company, defendant.
In the courts below the motion for change of venue was properly denied and the motion for an injunction pendente lite was granted in the exercise of discretion. There was no abuse of discretion and, accordingly, the orders appealed from are affirmed, and all questions affecting the validity of regulation 2a of the Board of Health of the City of New York are reserved for consideration and determination upon a trial of the issues. The orders are affirmed, with costs and the question certified is answered in the affirmative.
LOUGHRAN, Ch J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ., concur.
Orders affirmed, etc.