Oakpoint Industrial Park, Inc. v. American Home Assurance Co.

Appellate Division of the Supreme Court of New York

Oakpoint Industrial Park, Inc. v. American Home Assurance Co.

41 A.D.2d 732, 341 N.Y.S.2d 901, 1973 N.Y. App. Div. LEXIS 4833

Appellate Division of the Supreme Court of the State of New York·Decided March 26, 1973·Published

Opinion

Order, Supreme Court, New York County, entered October 13, 1972, unanimously reversed, on the law and the facts, and plaintiff-respondent’s motion to change venue to .Nassau County denied. Appellants shall recover of respondent $40 costs and disbursements of this appeal. The stay granted by order of this court entered on January 25, 1973 is vacated. Plaintiff, having commenced the action in New York County, with which it has no connection, sought transfer to secure a trial preference. Defendants-appellants are quite content to remain in New York, having places of business' in the county. Plaintiff, having elected the venue, must now yield to defendants’ convenience as to place of trial. (See Upjohn v. First Methodist Episcopal Soc., 156 App. Div. 147; Schenker v. Pepperidge Farm, 42 Mise 2d 380.) Concur — Stevens, P. J., Markewich, Nunez, Murphy and Lane, JJ.

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Order, Supreme Court, New York County, entered October 13, 1972, unanimously reversed, on the law and the facts, and plaintiff-respondent’s motion to change venue to .Nassau County denied. Appellants shall recover of respondent $40 costs and disbursements of this appeal. The stay granted by order of this court entered on January 25, 1973 is vacated. Plaintiff, having commenced the action in New York County, with which it has no connection, sought transfer to secure a trial preference. Defendants-appellants are quite content to remain in New York, having places of business' in the county. Plaintiff, having elected the venue, must now yield to defendants’ convenience as to place of trial. (See Upjohn v. First Methodist Episcopal Soc., 156 App. Div. 147; Schenker v. Pepperidge Farm, 42 Mise 2d 380.) Concur — Stevens, P. J., Markewich, Nunez, Murphy and Lane, JJ.

Oakpoint Industrial Park, Inc. v. American Home Assurance Co., 41 A.D.2d 732, 341 N.Y.S.2d 901, 1973 N.Y. App. Div. LEXIS 4833 (N.Y. Ct. App. 1973).

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41 A.D.2d 732 (Oakpoint Industrial Park, Inc. v. American Home Assurance Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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