Arbel v. Turgeon Restaurants of Niagara Falls, Inc.

Appellate Division of the Supreme Court of New York

Arbel v. Turgeon Restaurants of Niagara Falls, Inc.

124 A.D.2d 769, 508 N.Y.S.2d 487, 1986 N.Y. App. Div. LEXIS 62087

Appellate Division of the Supreme Court of the State of New York·Decided November 24, 1986·Published·Cited by 1 cases

Opinion

[770]*770Under the circumstances of this case, involving an incident which occurred in a Niagara County restaurant, the convenience of material witnesses and the ends of justice will be promoted by changing the venue of this action from Kings County to Niagara County (see, Olownia v Toussaint, 98 AD2d 716; Burch v Phillips, 88 AD2d 896; CPLR 510 [3]). Furthermore, in light of the fact that discovery has not been completed and the lack of any specific prejudice to the plaintiffs, we conclude that the appellant acted within a reasonable time after the commencement of the action in requesting the change of venue. Thompson, J. P., Niehoff, Weinstein and Spatt, JJ., concur.

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[770]*770Under the circumstances of this case, involving an incident which occurred in a Niagara County restaurant, the convenience of material witnesses and the ends of justice will be promoted by changing the venue of this action from Kings County to Niagara County (see, Olownia v Toussaint, 98 AD2d 716; Burch v Phillips, 88 AD2d 896; CPLR 510 [3]). Furthermore, in light of the fact that discovery has not been completed and the lack of any specific prejudice to the plaintiffs, we conclude that the appellant acted within a reasonable time after the commencement of the action in requesting the change of venue. Thompson, J. P., Niehoff, Weinstein and Spatt, JJ., concur.

Arbel v. Turgeon Restaurants of Niagara Falls, Inc., 124 A.D.2d 769, 508 N.Y.S.2d 487, 1986 N.Y. App. Div. LEXIS 62087 (N.Y. Ct. App. 1986).

Pincite

124 A.D.2d 769 (Arbel v. Turgeon Restaurants of Niagara Falls, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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