[DOWNLOAD] "Holmes v. Davis" by Bronx County New York Supreme Court ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Holmes v. Davis
• Author : Bronx County New York Supreme Court
• Release Date : January 24, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Defendants moves seeking an order pursuant to CPLR §§510 and 511 changing the venue of this action from Bronx County to Federal Court in either of the states within which the parties currently reside. It is alleged that pursuant to CPLR §503, the venue herein is improper. It is alleged that since neither of the parties reside within New York, the action should be venued in Federal Court. Plaintiff opposes the motion asserting that the action is venued properly because pursuant to CPLR §503, plaintiff, as a non-resident at the time the action was commenced, had the option of designating venue. As such plaintiffs assert that venue is proper. Moreover, for purposes of Federal jurisdiction, plaintiff asserts that the proper procedure would have been a removal of this action to Federal Court pursuant to 28 U.S.C. §1446(b). However, the time for that, plaintiff alleges has passed.

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