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FOREST ELEC. CORP. v. UNITED STATES FID. & GUAR. CO.

36 A.D.2d 607 (1971)

Forest Electric Corporation, Respondent, v. United States Fidelity and Guaranty Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 25, 1971

There is no reason apparent in the record for the commencement of this action in the Supreme Court rather than in the forum appropriate to the amount in suit, and, accordingly, costs and disbursements are denied to the successful respondent. As this court indicated in Midtown Commercial Corp. v. Kelner (29 A.D.2d 349, 351) in commenting upon a similar situation, the court at Special Term, upon submission to it of this motion for...

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