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KENFORD CO., INC. v. COUNTY OF ERIE

38 A.D.2d 781 (1972)

Kenford Company, Inc., et al., Appellants, v. County of Erie et al., Respondents

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

January 13, 1972

Order unanimously affirmed, without costs.

Memorandum:

In this action for specific performance or damages, plaintiff moved at Special Term for a change of venue because, it alleged, there is reason to believe that an impartial trial cannot be had in Erie County (CPLR 510, subd. 2). The fact that plaintiff laid the venue of its action in a proper county under CPLR 504 (subd. 1) does not constitute a waiver of its right to move for a change of venue on the grounds...

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