MCWG Convinces Court to Change Venue of a Case that Was Commenced Against North East Ins. Co. 3 1/2 Years Ago

In T&A Auto Repair, Inc., v. North East Ins. Co., the insurance company was sued in November 2006 in Supreme Court, New York County.  The insured sought to recover its property damages for a loss that occurred in Sullivan County, and it also alleged extra contractual damages in its complaint.  Thereafter, the parties conducted an appraisal of the insured's property damages and the litigation was inactive while the appraisal moved forward.  In 2009, the appraisal panel issued its award, which North East promptly paid; however, the insured refused to dismiss its remaining claim for extra contractual damages.  Accordingly, North East answered the Complaint and demanded a change of venue because the only connection with this litigation to New York County was the office of the Plaintiff's attorney.  After Plaintiff failed to respond to the demand to change venue, North East noticed a motion in the Supreme Court, Sullivan County, pursuant to CPLR 511, for the action to be moved to that court.  On April 19, 2010, the court in Sullivan County agreed and changed the venue of the case.  North East Insurance Company is represented in this case by Kevin F. Buckley and Kenneth R. Lange.