Thorner-Sidney Press v. Merling Marx & Seidman

[115 A.D.2d 328 Page 328] Order unanimously reversed, on the law, with costs, and motion granted. Memorandum: Plaintiff commenced an action against defendant for breach of contract in Erie County, where plaintiff maintains its principal place of business. Defendant is an advertising and marketing agency located in New York City. Defendant pleaded plaintiff's defective work as a defense to this action and thereafter moved for a discretionary change of venue to New York County for the convenience of the witnesses and in the interests of justice. Defendant appeals from Special Term's denial of the motion for a change of venue.