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ARENA CONSTRUCTION CO., INC., RESPONDENT, v. J. SACKARIS SONS, INC., APPELLANT.

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.

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ARENA CONTSRUCTION CO., v. J. SACKARIS SONS
(Apr 5, 2001)