Legal Opinion

Supplement of Pompano Realty Corp. v. Tops Markets, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided January 8, 1998PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 11, 1997, which granted defendant Tops Markets, Inc.’s motion to transfer venue to Genesee County, and denied plaintiffs’ cross motion for retention of venue in New York County, unanimously affirmed, without costs.

Although plaintiffs’ choice of venue in New York County, the location of their principal office, was initially proper (CPLR 503 [a]), defendant Tops Markets, Inc., by identifying proposed witnesses residing in Genesee County, setting forth the nature of the inconvenience that would inure to those witnesses by…

2Cases cited2 opinions

  1. Cardon v. Aggressive Heating Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Neumire v. Kraft Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by1 opinion

  1. Rizzuto v. Aurelia Osborne Fox Memorial Hospital SocietyAppellate Division of the Supreme Court of the State of New York · 1999

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