Opinion
March 22, 1950.
Present — Taylor, P.J., McCurn, Love, Vaughan and Piper, JJ.
Order affirmed, with $10 costs and disbursements. Memorandum: Plaintiff is a foreign corporation authorized to conduct business in this State. It claims to have a residence at its place of business in Buffalo, Erie County. Defendants both reside in Broome County. They made demand that the action be removed to Broome County on the ground that Broome County was the proper place of trial, and on plaintiff's failure to consent, moved to change the place of trial from Erie to Broome County. (Civ. Prac. Act, § 182; Rules Civ. Prac., rule 146.) The Special Term granted the order and plaintiff appeals. It has long been established that in an action in which a resident of this State and a foreign corporation are parties, the county of the resident is the proper county. ( Shepard Morse Lbr. Co. v. Burleigh, 27 App. Div. 99; Remington Sherman Co. v. Niagara Co. Nat. Bank, 54 App. Div. 358; Mills Gibb v. Starin, 119 App. Div. 336; Miller Chemical Fertilizer Corp. v. Babcock, 259 App. Div. 790.) All concur. (The order appealed from changes the place of trial from Erie County to Broome County.)