Colby v. Ben Construction Corp.

The plaintiff Colby has brought this suit in the County Court of Tioga County seeking to rescind a purported contract between herself and the defendant Ben Construction Corporation, alleging fraud in its inducement and seeking damages alleged to have been sustained in consequence of that fraud. Thereafter Ben Construction Corporation sued the plaintiff Colby in the Supreme Court of Onondaga County for breach of the purported contract. Ben Construction Corporation now moves to change the venue of the Tioga County action to the Supreme Court of Onondaga County on the ground that the Tioga…