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eBook details

• Title: Alice Clark v. New Rochelle Hospital Medical Center and William D. Mahoney
• Author : Supreme Court of New York
• Release Date : January 14, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

The IAS Court did not abuse its discretion in denying defendants' motion for a change of venue from Bronx County to Westchester
County. Paddock Construction v. Thomason Industries Corp., 133 A.D.2d 20, 22. Venue in the underlying wrongful death action
was properly placed in Bronx County, where the Administratrix was appointed. (CPLR § 503[b]; McNamara v. Penner, 123 N.Y.S.2d
576). Similarly, we find that the IAS Court did not abuse its discretion in determining that the defendants had failed to properly
establish that a change of venue was warranted in the exercise of the Court's discretion for the convenience of material witnesses.
(CPLR § 510[3]; Rosa v. Shavelson, 149 A.D.2d 371). Although, in general, a transitory action should be brought where the
cause of action arose (Moghazeh v. Valdes-Rodriquez, 151 A.D.2d 428), nevertheless, it is well settled that a motion for a
change of venue under CPLR § 510(3) must be supported by a statement identifying the non-party witnesses expected to be called
at trial, specifying the nature of their testimony and the manner in which they would be inconvenienced by having to testify
in the county originally designated for trial, all of which movant failed to do. (Coles v. LaGuardia Medical Group, A.D.
, 554 N.Y.S.2d 876, 877).

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