Grey v. Colonial Home Improvement Co.
New York Supreme Court
1Opinion of the CourtPaul D. Graves, J.
Defendant seeks an order changing the venue of this action from Pulton County, where it was instituted, to Onondaga where it claims the action should be tried.
The action was brought by plaintiff for rescission of a home improvement contract made between the parties, for restitution of sums paid by plaintiff to defendant, and damages for alleged inferior workmanship and materials. The contract annexed to the complaint contains the following clause: “ The parties hereby waive a trial by jury and consent that any lawsuit which may arise in any way, because of the execution of this agreement, or…
2Cases cited4 opinions
- Syracuse Plaster Co. v. Agostini Bros. Building Corp.New York Supreme Court · 1938
- Frontier Excavating, Inc. v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1966
- Rivers v. Ben Construction Corp.New York Supreme Court · 1967
- Awning v. AbbottNew York Supreme Court · 1964