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ACE EL CO v. VJB CONSTR CORP

192 Misc.2d 258 (2002)

743 N.Y.S.2d 361

A.C.E. ELEVATOR CO., INC., Plaintiff, v. V.J.B. CONSTRUCTION CORP. et al., Defendants.

Supreme Court, Kings County.

July 8, 2002.

Attorney(s) appearing for the Case

Golenbock, Eisenman, Assor, Bell & Peskoe, New York City (Sydney R. Smith of counsel), for 180 Montague Street LLC, defendant.

Berman, Paley, Goldstein & Kannry, LLP, New York City (Paul A. Feeney of counsel), for plaintiff.

OPINION OF THE COURT

ALLEN HURKIN-TORRES, J.

In this action to foreclose a mechanic's lien on property located in Kings County, defendant (property owner) asserts that the action must be transferred to New York County because that is the venue contractually designated by the parties for the commencement of all litigation arising under their construction contract. Plaintiff claims that CPLR 507 precludes such...

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