Summary
noting that an assignee stands in the shoes of the assignor
Summary of this case from FIREMAN'S FUND INS. v. AIG HAWAI`I INSOpinion
Submitted February 21, 2001.
April 5, 2001.
In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered June 1, 2000, which denied its motion to transfer the venue of this action from the Supreme Court, Westchester County, to the Supreme Court, Kings County, pursuant to CPLR 503(e).
Barbara H. Katsos, LLP, New York, N.Y., for appellant.
Ross Cohen, LLP, New York, N.Y. (Gerard Romski of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, with costs, the motion is granted, and the Clerk of the Supreme Court, Westchester County, is directed to transfer the file of the action to the Clerk of the Supreme Court, Kings County.
The plaintiff accepted the assignment of the subcontracts at issue in the present case. The subcontracts specifically addressed the subject of venue for the purposes of potential litigation, and provided that the terms of the subcontracts were binding on all assignees. An assignee stands in the shoes of the assignor and takes the assignment subject to any preexisting liabilities (see, Blake Assocs. v. Aetna Cas. Sur. Co., 255 A.D.2d 569; see also, CPLR 503[e]). Therefore, the motion to transfer the venue of this action is granted.