Legal Opinion
Port Bay Associates v. Soundview Shopping Center
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1993No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: In this landlord-tenant dispute concerning the interpretation of the payment terms of a lease, defendants appeal from two orders, each of which denied defendants’ motion to change the venue of the action from Onondaga County to Nassau County. The court did not err in denying the first motion pursuant to CPLR 507. Plaintiffs lawsuit does not demand a judgment that "would affect the title to, or the possession, use or enjoyment of,” (ibid.) the subject real property, and thus is not a "local” action that must be brought in Nassau, the situs…
2Cases cited7 opinions
- Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
- Cardon v. Aggressive Heating Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Katz v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1986
- McComb v. Hilton Heights Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Arnold Constable Corp. v. Staten Island MallAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by5 opinions
- Manchester Technologies, Inc. v. HansenAppellate Division of the Supreme Court of the State of New York · 2004
- Said v. Strong Memorial Hospital ex rel. Its AgentsAppellate Division of the Supreme Court of the State of New York · 1998
- Fay's Inc. v. Park Centre Development, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Erdman, Anthony & Associates, Inc. v. Design Collaborative, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Port Bay Associates v. Soundview Shopping CenterAppellate Division of the Supreme Court of the State of New York · 1993