Citation Numbers: 44 Misc. 2d 448
Judges: Cooke
Filed Date: 11/16/1964
Status: Precedential
Modified Date: 2/5/2022
Defendant, a national banking association, moves pursuant to CPLR 510 (subd. 1) for a change of venue from Sullivan County to Nassau County, contending that the former is not a proper county. Before service of its answer, defendant served a demand that the action be tried in Nassau County and within 15 days thereafter instituted this application (see CPLR 511, subds. [a], [b]).
It appears without dispute that defendant is ‘' established ’ ’ or “ located ” in Nassau County (see par. “ third” of complaint) with no office or branch in Sullivan County.
Mercantile Nat. Bank v. Langdeau (371 U. S. 555) is decisive. There, the issue was whether a Federal statute (U. S. Code,