Corbett v. Bronx Buick Co. , 222 A.D. 751 ( 1927 )

The parties having stipulated in writing that this ease may be decided by a court of four justices, the decision is as follows: Order denying motion to change place of trial affirmed, with ten dollars costs and disbursements. We adhere to our ruling in Goldfeder v. Greenberg (189 App. Div. 184), but the facts here shown must be considered a waiver upon the part of defendants to obtain a change of the place of trial as a matter of right. Rich, Young, Kapper and Hagarty, JJ., concur.