Legal Opinion
Awning v. Abbott
New York Supreme Court
Decided July 22, 1964PublishedCited by 2 opinions
1Opinion of the CourtRichard D. Simons, J.
Motion by defendants for a change of venue from Onondaga County to Oneida County pursuant to CPLR 510 (subd. 3), convenience of witnesses.
The action is for a sum of moneys due for the sale of awnings to the defendants by the plaintiff. The contract of sale contains the following clause: ‘‘ the parties consent that any lawsuit that may arise in any way because of the execution of this agreement or because of a breach thereof for failure to pay shall be tried by a Court without a jury and that the venue of the action shall be in Onondaga County where the home office of the seller is located.”
*553CPL…
2Cases cited3 opinions
- Syracuse Plaster Co. v. Agostini Bros. Building Corp.New York Supreme Court · 1938
- Gardner & North Roofing & Siding Corp. v. DeatonNew York Supreme Court · 1955
- Gardner & North Roofing & Siding Corp. v. DeatonAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by2 opinions
- Gardner & North Roofing & Siding Corp. v. DemkoNew York Supreme Court · 1974
- Grey v. Colonial Home Improvement Co.New York Supreme Court · 1967