Abulhasan v. Uniroyal-Goodrich Tire Co.

Appellate Division of the Supreme Court of New York

Abulhasan v. Uniroyal-Goodrich Tire Co.

232 A.D.2d 219, 648 N.Y.S.2d 26, 1996 N.Y. App. Div. LEXIS 9976

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 8, 1996

StatusPublished

Cited by2 cases

This text of 232 A.D.2d 219 (Abulhasan v. Uniroyal-Goodrich Tire Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abulhasan v. Uniroyal-Goodrich Tire Co., 232 A.D.2d 219, 648 N.Y.S.2d 26, 1996 N.Y. App. Div. LEXIS 9976 (N.Y. Ct. App. 1996).

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Opinion

—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered April 21, 1995, which granted .defendant-respondent’s motion to change venue from Bronx County to Essex County, unanimously affirmed, without costs.

The IAS Court did not improvidently exercise its discretion under CPLR 510 (3) in transferring the venue of this action to Essex County, where the accident occurred, most of the material nonparty witnesses work or reside and most of the police and medical records are located. These factors outweigh favoring Bronx County in consideration of the convenience of plaintiff’s family members and doctors (Toro v Gracin, 148 AD2d 364; Esser v Ciarmella, 203 AD2d 159). Concur—Rosenberger, J. P., Ellerin, Williams, Mazzarelli and Andrias, JJ.

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—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered April 21, 1995, which granted .defendant-respondent’s motion to change venue from Bronx County to Essex County, unanimously affirmed, without costs.

The IAS Court did not improvidently exercise its discretion under CPLR 510 (3) in transferring the venue of this action to Essex County, where the accident occurred, most of the material nonparty witnesses work or reside and most of the police and medical records are located. These factors outweigh favoring Bronx County in consideration of the convenience of plaintiff’s family members and doctors (Toro v Gracin, 148 AD2d 364; Esser v Ciarmella, 203 AD2d 159). Concur—Rosenberger, J. P., Ellerin, Williams, Mazzarelli and Andrias, JJ.

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Bluebook (online)

232 A.D.2d 219, 648 N.Y.S.2d 26, 1996 N.Y. App. Div. LEXIS 9976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abulhasan-v-uniroyal-goodrich-tire-co-nyappdiv-1996.

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