Seaboard Surety Co. v. Facilities Development Corp.

OPINION OF THE COURT

Burton S. Sherman, J.

Defendant Facilities Development Corporation (Facilities) moves pursuant to CPLR 510 (subd 1) to change the place of trial from New York County to Albany on the grounds that the venue is prescribed by section 12 of the Health and Mental Hygiene Facilities Improvement Act (the Act) (L 1968, ch 359, as amd). The plaintiff has cross-moved pursuant to CPLR 510 (subd 3) to retain New York County as the pla e of trial on the grounds that the convenience of material witnesses and the ends of justice will be best promoted thereby.

The issue is whether the…