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NAT FRGT v. ROBERTS & GRAN

98 Misc.2d 851 (1978)

National Freight, Inc., Plaintiff, v. Roberts & Grancelli, Inc., Defendant.

Supreme Court, Special Term, New York County.

December 19, 1978

Attorney(s) appearing for the Case

Brodsky, Linett, Altman, Schechter & Reicher (Alvin Altman of counsel), for plaintiff. Effron, Trezza, Brands & Nicolato (Albert R. Trezza of counsel), for defendant.

BENTLEY KASSAL, J.

The motion for change of venue pursuant to CPLR 510 (subd 1) is denied without prejudice to defendant moving pursuant to CPLR 510 (subd 3) if so advised.

Plaintiff, in part, relies on the case of New York Cent. R. R. Co. v Lefkowitz (17 A.D.2d 638, affd 12 N.Y.2d 305) for the proposition that a foreign railroad corporation has residence, for venue...

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