Citation Numbers: 7 Misc. 2d 514
Judges: Friedman
Filed Date: 5/17/1957
Status: Precedential
Modified Date: 2/5/2022
The defendants move for a change of venue from Kings County to Monroe County. The action is brought for rent, and the premises for which said rent is sought is located in Bochester, N. Y., which is in the County of Monroe. The plaintiff has its principal office and place of business in Kings County and the action was commenced in this
The court rejects the contentions by the defendants that this action must be brought in Monroe County because it affects the title to real property. This is simply an action for rent, and the affirmative defense interposed by the defendants to the effect that there has been a surrender and acceptance, and therefore a cancellation of the existing lease, does not change the status of the action. An action for rent is a transitory action and need not be tried in the county where the real property is located. (See 36 C. J., Landlord and Tenant, p. 289, § 1048; Dusenbury v. Hume, 134 Misc. 861; Bailey v. Jackson, 16 Johns. 210.) In volume 36 Corpus Juris (p. 289, § 1048) it is stated: “ Rents which have become due constitute mere choses in action, and are personal property.”
It may be that the defendants, upon a proper showing, will be able to justify a change of venue on the ground of convenience of witnesses, but the moving papers before the court are insufficient to permit relief on that ground. The motion for a change of venue is, therefore, denied without prejudice to an application based on the ground of convenience of witnesses. Submit order.