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MAXON PONTIAC v. WEISBERGER

65 Misc.2d 825 (1971)

Maxon Pontiac, Inc, Plaintiff, v. Herman Weisberger, Defendant. Herman Weisberger, Third-Party Plaintiff, v. Richard Buick, Inc., Third-Party Defendant. Richard Buick, Inc., Fourth-Party Plaintiff, v. Steven Lincoln-Mercury, Inc., Fourth-Party Defendant. (Action No. 1.) Steven Lincoln-Mercury, Inc., Plaintiff, v. Jo Ann Casale et al., Individually and as Copartners, Defendants. (Action No. 2.)

Supreme Court, Special Term, Nassau County.

January 26, 1971

Attorney(s) appearing for the Case

Steinberg & Wolff for Richard Buick, Inc., third-party defendant, and Steven Lincoln-Mercury, Inc., fourth-party defendant in Action No. 1 and for Steven Lincoln-Mercury, Inc., plaintiff in Action No. 2. Sheldon J. Sanders for Maxon Pontiac, Inc., plaintiff in Action No. 1. Edward J. Weber, Jr., for Jo Ann Casale and another, defendants in Action No. 2. Daniel Rosen for Herman Weisberger, defendant in Action No. 1.

BERTRAM HARNETT, J

The complaint originally alleged that plaintiff was a New Jersey corporation having a place of business in Nassau County and that defendant was a domestic corporation having its place of business in Kings County. Under those circumstances, venue was properly laid in Nassau County at the outset. (CPLR 503, subds. [a], [c].) Accordingly, defendant Weisberger did not demand a change of venue...

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