Arena Construction Co. v. J. Sackaris & Sons, Inc.

—In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered June 1, 2000, which denied its motion to transfer the venue of this action from the Supreme Court, Westchester County, to the Supreme Court, Kings County, pursuant to CPLR 503 (e).

Ordered that the order is reversed, with costs, the motion is granted, and the Clerk of the Supreme Court, Westchester County, is directed to transfer the file of the action to the Clerk of the Supreme Court, Kings County.

The plaintiff accepted the assignment of…