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RIVERS v. BEN CONSTR. CORP.

53 Misc.2d 299 (1967)

Gertha M. Rivers, Plaintiff, v. Ben Construction Corp., Defendant.

Supreme Court, Wayne County.

March 3, 1967

Attorney(s) appearing for the Case

Michaels, Cuddy & Bertrand for plaintiff. Crystal, Manes & Rifken for defendant.

RICHARD ARONSON, J.

Plaintiff in an action brought by her in Wayne County for the rescission of a home improvement contract made between her and the defendant, has moved pursuant to CPLR 3211 to dismiss the counterclaim set forth in the defendant's answer. Simultaneously therewith the defendant has moved to change the venue of the action from Wayne County to Onondaga County. Both motions will be considered together.

The complaint alleges that...

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