Coluck Inc. v. Sem Sec. Sys., Inc.

• Decision Date: 21 August 2019
• Docket Number: Index No. 611867/18,2019–00800
• Citation: 175 A.D.3d 593,106 N.Y.S.3d 351
• Parties: COLUCK INCORPORATED, appellant, v. SEM SECURITY SYSTEMS, INC., respondent, et al., counterclaim defendants.
• Court: New York Supreme Court — Appellate Division

175 A.D.3d 593
106 N.Y.S.3d 351

COLUCK INCORPORATED, appellant,
v.
SEM SECURITY SYSTEMS, INC., respondent, et al., counterclaim defendants.

2019–00800
Index No. 611867/18

Supreme Court, Appellate Division, Second Department, New York.

Submitted-April 26, 2019
August 21, 2019

106 N.Y.S.3d 352

Kirschenbaum & Kirschenbaum, P.C., Garden City, N.Y. (Kenneth Kirschenbaum of counsel), for appellant.

Catania, Mahon, Milligram & Rider, PLLC, Newburgh, N.Y. (Michael Frascarelli and Richard M. Mahon II of counsel), for respondent.

WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, BETSY BARROS, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

175 A.D.3d 593

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered January 8, 2019. The order granted the defendant's motion, in effect, pursuant to CPLR 510(1) and (3) to change venue of the action from Nassau County to Orange County.

ORDERED that the order is reversed, on the law, with costs, the defendant's motion, in effect, pursuant to CPLR 510(1) and (3) to change venue of the action from Nassau County to Orange County is denied, and the Clerk of the Supreme Court,

175 A.D.3d 594

Orange County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511[d] ).

By summons and complaint dated August 31, 2018, the plaintiff commenced this action in the Supreme Court, Nassau County, alleging that the defendant owed the plaintiff approximately $159,000 pursuant to the terms of a contract. The defendant interposed an answer with counterclaims dated October 1, 2018. The defendant later served a demand to change venue, dated October 15, 2018, and subsequently moved, in effect, pursuant to CPLR 510(1) and (3) to change venue of the action to Orange County. In the order appealed from, the court granted the defendant's motion and directed that the action be transferred to Orange...