American Consumer Insurance v. Goslin

Appellate Division of the Supreme Court of New York

American Consumer Insurance v. Goslin

88 A.D.2d 941, 451 N.Y.S.2d 440, 1982 N.Y. App. Div. LEXIS 17295

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

DecidedJune 14, 1982

StatusPublished

Cited by2 cases

This text of 88 A.D.2d 941 (American Consumer Insurance v. Goslin) 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

American Consumer Insurance v. Goslin, 88 A.D.2d 941, 451 N.Y.S.2d 440, 1982 N.Y. App. Div. LEXIS 17295 (N.Y. Ct. App. 1982).

Pincite

Opinion

— In an action for a declaratory judgment, defendant Sherie Goslin appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated October 20, 1981, which denied her motion to change the venue of this action to Clinton County. Order reversed, with $50 costs and disbursements, motion granted, and venue is transferred to Clinton County. All parties in the underlying wrongful death action, as well as all the witnesses to the accident, reside in Clinton County, where the cause of action for wrongful death accrued, and where that action is presently pending. The only connection this action has to Nassau County is that plaintiff maintains its main office there and that its proposed expert witnesses (who are also its employees) also reside there. However, the convenience of expert witnesses, and especially of those who are employees of a party, cannot be considered dispositive with respect to a change of venue [942]*942motion (see 7 Carmody-Wait 2d, NY Prac, §§ 48.25, 48.26). Under the circumstances, the fact that plaintiff offered to conduct disclosure proceedings in Clinton County was not a sufficient basis for denying appellant’s motion to change venue to Clinton County. Mollen, P. J., Thompson, Bracken and Brown, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— In an action for a declaratory judgment, defendant Sherie Goslin appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated October 20, 1981, which denied her motion to change the venue of this action to Clinton County. Order reversed, with $50 costs and disbursements, motion granted, and venue is transferred to Clinton County. All parties in the underlying wrongful death action, as well as all the witnesses to the accident, reside in Clinton County, where the cause of action for wrongful death accrued, and where that action is presently pending. The only connection this action has to Nassau County is that plaintiff maintains its main office there and that its proposed expert witnesses (who are also its employees) also reside there. However, the convenience of expert witnesses, and especially of those who are employees of a party, cannot be considered dispositive with respect to a change of venue [942]*942motion (see 7 Carmody-Wait 2d, NY Prac, §§ 48.25, 48.26). Under the circumstances, the fact that plaintiff offered to conduct disclosure proceedings in Clinton County was not a sufficient basis for denying appellant’s motion to change venue to Clinton County. Mollen, P. J., Thompson, Bracken and Brown, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

88 A.D.2d 941, 451 N.Y.S.2d 440, 1982 N.Y. App. Div. LEXIS 17295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-consumer-insurance-v-goslin-nyappdiv-1982.

Opinion

Related

Cite This Page — Counsel Stack