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Hendrickson v. Birchwood Nursing Home Partnership
26 A.D.3d 187
| N.Y. App. Div. | 2006
|
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Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 20, 2004, which denied defendants’ motion for a change of venue from New York County to Suffolk County, unanimously reversed, on the law, without costs, and the motion granted.

The motion was brought within a reasonable time after commencement of the action (CPLR 511 [a]; cf. Jacobo v A.H.A. Gen. Constr., 220 AD2d 300 [1995]), and should have been granted in view of the parties’ written agreement clearly fixing the place of trial in Suffolk County (CPLR 501; see Buhler v French Woods Festival of Performing Arts, 154 AD2d 303, 305 [1989]).

*188Plaintiffs claim that the contract, including the venue provision, is unenforceable is not supported by the record, and we reject it. Concur—Buckley, P.J., Andrias, Saxe, Nardelli and Malone, JJ.

Case Details

Case Name: Hendrickson v. Birchwood Nursing Home Partnership
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Feb 7, 2006
Citation: 26 A.D.3d 187
Court Abbreviation: N.Y. App. Div.
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