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MITCHELL v. PALACE REALTY CO.

157 A.D.2d 561 (1990)

Anne Mitchell et al., Appellants, v. Palace Realty Co., Respondent and Third-Party Plaintiff-Respondent, and GMC Fuel Corp. et al., Respondents. City of New York, Third-Party Defendant-Respondent. (Action No. 1.) Betty Etheridge, Appellant, v. Palace Realty Co. et al., Respondents. (Action No. 2.)

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

January 23, 1990

The instant action seeks damages for personal injuries allegedly sustained by plaintiffs after repeatedly inhaling noxious fumes at plaintiffs' place of employment in Queens County. Plaintiffs place venue in Bronx County, the principal place of business of defendant GMC. After issue was joined, consolidation was granted without opposition, but defendant Palace cross-moved to transfer venue from Bronx County to Queens County, on the grounds that since the city was a party...

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