A.C.E. Elevator Co. v. V.J.B. Construction Corp.

OPINION OF THE COURT

Allen Hurkin-Torres, J.

In this action to foreclose a mechanic’s lien on property lo*259cated 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 a transfer and that venue must remain in Kangs County where the subject property is situated. Notwithstanding the seemingly mandatory nature of CPLR 507, which requires that a foreclosure…