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HENDRICKSON v. BIRCHWOOD NURSING HOME PARTNERSHIP

26 A.D.3d 187 (2006)

807 N.Y.S.2d 876

BENJAMIN HENDRICKSON, JR., as Executor of EDITH D. MACY, Deceased, Respondent, v. THE BIRCHWOOD NURSING HOME PARTNERSHIP et al., Appellants, et al., Defendants.

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

February 7, 2006.

The motion was brought within a reasonable time after commencement of the action (CPLR 511 [a]; cf. Jacobo v. A.H.A. Gen. Constr., 220 A.D.2d 300 [1995]), and should have been granted in view of the parties' written agreement clearly fixing the place of trial in Suffolk County (CPLR 501; see Buhler v. French Woods Festival of Performing Arts, 154 A.D.2d 303, 305 [1989]).

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