Bergland v. Edwin Gould Foundation for Children

90 A.D.2d 474, 455 N.Y.S.2d 264, 1982 N.Y. App. Div. LEXIS 18475

Opinion

Order, Supreme Court, Bronx County (Mercorella, J.), entered January 7, 1982, denying defendant Lakeside’s motion for a change of venue from Bronx to Rockland County, unanimously affirmed, without costs or disbursements. While we disagree with Special Term’s finding that the injured plaintiff, Michael Bergland, was a Bronx resident, venue was properly placed in that county since plaintiff Henrietta Bergland, who has asserted a cause of action for loss of services and medical expenses, is and was at the time of the commencement of the action a resident of The Bronx. (See CPLR 503, subd [a].) We find no abuse of discretion with respect to Special Term’s determination that a change of venue to Rockland County is not required for the convenience of witnesses. Concur — Sandler, J. P., Sullivan, Markewich and Milonas, JJ.