SEABOARD SUR. v. FACILITIES


118 Misc.2d 216 (1983)

Seaboard Surety Company, Plaintiff, v. Facilities Development Corporation, Defendant.

Supreme Court, Special Term, New York County.

February 23, 1983


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Joseph P. Perretta and Michael W. Friedman of counsel), for defendant. Hart & Hume (Henry James Wallach and Maryellen Chomsky of counsel), for plaintiff.


BURTON S. SHERMAN, J.

Defendant Facilities Development Corporation (Facilities) moves pursuant to CPLR 510 (subd 1) to change the place of trial from New York County to Albany on the grounds that the venue is prescribed by section 12 of the Health and Mental Hygiene Facilities Improvement Act (the Act) (L 1968, ch 359, ch 359, as amd). The plaintiff has cross-moved pursuant to CPLR 510 (subd 3) to retain New York County as the place of trial on the grounds...

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