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OAKPOINT INDUS. PARK, INC. v. AM. HOME ASSURANCE CO.

41 A.D.2d 732 (1973)

Oakpoint Industrial Park, Inc., Respondent, v. American Home Assurance Company et al., Appellants, and Franklin National Bank, Defendant

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

March 26, 1973

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...

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