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Levitz v. Morgan Fuel & Heating Co.

Factors Militate in Favor of Transferring Homeowners' Action to Greene County

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DECISION AND ORDER Upon e-filed documents numbered 32-44, defendant’s motion for an order, pursuant to CPLR 510, 511, changing the place of trial of this action to Greene County within the State of New York is granted in accord with the following memorandum.BACKGROUNDPlaintiffs jointly own a home in Palenville, New York, which is located in Greene County within the Catskill Region of the State of New York (see, Complaint 2). Defendant Morgan Fuel & Heating Co., Inc., is a New York corporation maintaining its offices in Wappinger Falls, New York — located in Dutchess County (see, Summons), nearly cornering Greene County. Plaintiffs brought this action here, in New York County, where they also have a home, alleging that defendant was contracted by them to service all the physical aspects of the heating system serving their Greene County home (see, Complaint, passim). Specifically, and only in connection with plaintiffs’ Greene County home — not their New York County home — it is alleged that defendant was contracted to perform a wide array of services in connection with the “boiler,” “heating systems,” “oil tanks,” “oil lines,” and “oil lines that carried oil from the oil tanks to the boiler” (Complaint

10-15). Those services included duties to “maintain,” “repair,” “replace any defective or inadequate parts,” “replace any defective or inadequate portions,” and “inspect” (id.,

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