Arbelo v. Levin

Appellate Division of the Supreme Court of New York

Arbelo v. Levin

202 A.D.2d 365, 612 N.Y.S.2d 827

Appellate Division of the Supreme Court of the State of New York·Decided March 31, 1994·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 15, 1993, which denied defendants-appellants’ motion to change venue from Bronx County to New York County, unanimously affirmed, with costs.

Plaintiff properly placed venue in Bronx County, upon the basis that defendant P&P Contracting Corp. has its principal place of business there (CPLR 503 [a], [c]; see, Costanzo v Cornell, 175 AD2d 696, 697). Nor do appellants sufficiently demonstrate inconvenience to material witnesses so as to warrant a change of venue in the exercise of discretion pursuant to CPLR 510 (3) (see, supra, at 697-698; Harris v [366] Havanera Tropical Mkt. Corp., 160 AD2d 344). Concur — Murphy, P. J., Ellerin, Kupferman, Ross and Tom, JJ.

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—Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 15, 1993, which denied defendants-appellants’ motion to change venue from Bronx County to New York County, unanimously affirmed, with costs.

Plaintiff properly placed venue in Bronx County, upon the basis that defendant P&P Contracting Corp. has its principal place of business there (CPLR 503 [a], [c]; see, Costanzo v Cornell, 175 AD2d 696, 697). Nor do appellants sufficiently demonstrate inconvenience to material witnesses so as to warrant a change of venue in the exercise of discretion pursuant to CPLR 510 (3) (see, supra, at 697-698; Harris v [366] Havanera Tropical Mkt. Corp., 160 AD2d 344). Concur — Murphy, P. J., Ellerin, Kupferman, Ross and Tom, JJ.

Arbelo v. Levin, 202 A.D.2d 365, 612 N.Y.S.2d 827 (N.Y. Ct. App. 1994).

Pincite

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Opinion

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