FRANKLIN TRAFFIC SERV., INC. v. HELMER'S FUEL & TRUCKING, INC.


142 A.D.2d 936 (1988)

Franklin Traffic Service, Inc., as Agent for Alling & Cory, Respondent, v. Helmer's Fuel & Trucking, Inc., Appellant

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

July 7, 1988


Order unanimously reversed on the law with costs, and defendant's motion granted.

Memorandum:

Plaintiff, a domestic corporation with its principal place of business in Niagara County, chose Erie County as the county of venue (CPLR 509). Defendant's county of residence for venue purposes is Herkimer County (CPLR 503 [c]). Defendant served a demand for a change of venue to Herkimer County and moved for such relief in Supreme Court, Erie County (CPLR 511). The...

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