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CRUICKSHANK v. DUKES

167 Misc.2d 378 (1996)

639 N.Y.S.2d 683

Angela Cruickshank, Plaintiff, v. Angelique Dukes et al., Defendants.

Supreme Court, Queens County.

March 5, 1996

Attorney(s) appearing for the Case

Pazer & Epstein, New York City (Michael Jaffe of counsel), for plaintiff. Fiedelman & Hoefling, Jericho (Christopher J. Purcell of counsel), for Angelique Dukes and another, defendants. Ahmuty, Demers & McManus, Alberston (Sean J. O'Sullivan of counsel), for Fritz Vilmond, also known as Vilmond Fritz, defendant.

DAVID GOLDSTEIN, J.

The issue is whether, following the transfer of an action for a joint trial with an action or actions pending in another county, upon disposition or settlement of the other action(s), should the venue be changed to return the action to its original situs, or should it remain for trial in the transferee court?

As far as appears, the issue is one of first impression. No decision on...

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