SZALBIRAK v. UPTOWN STORAGE CO., INC.


245 A.D.2d 175 (1997)

665 N.Y.S.2d 895

Stanislaw Szalbirak et al., Appellants, v. Uptown Storage Co., Inc., et al., Respondents. (And a Third-Party Action.)

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

December 18, 1997


The motion court properly granted defendant Otis Elevator Company's motion pursuant to CPLR 510 (1) to change venue from Bronx County to Westchester County since plaintiffs, who chose Bronx County based on an incorrect address of defendant Uptown Storage Co., Inc., could have easily ascertained the correct address for this defendant from its certificate of incorporation. Furthermore, since some defendants sought to have the matter removed to Federal court shortly before the...

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