Binghamton Savings Bank v. Pacific Employers Insurance

Appellate Division of the Supreme Court of New York

Binghamton Savings Bank v. Pacific Employers Insurance

176 A.D.2d 419, 574 N.Y.S.2d 303, 1991 N.Y. App. Div. LEXIS 12409

Appellate Division of the Supreme Court of the State of New York·Decided September 26, 1991·Published

Opinion

— Appeal from an order of the Supreme Court (Fischer, J.), entered June 15, 1990 in Broome County, which denied defendants’ motion for a change of venue.

We agree with Supreme Court’s conclusion that there has been a lack of discovery sufficient to warrant granting defendants’ motion for a change of venue at this stage of the proceedings. Accordingly, inasmuch as the court’s denial was without prejudice and the issues involve questions requiring further disclosure, there should be an affirmance (see, Brevetti v Roth, 114 AD2d 877; Stavredes v United States, 87 AD2d 502).

Mahoney, P. J., Mikoll, Yesawich Jr. and Mercure, JJ., concur. Ordered that the order is affirmed, with costs.

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

— Appeal from an order of the Supreme Court (Fischer, J.), entered June 15, 1990 in Broome County, which denied defendants’ motion for a change of venue.

We agree with Supreme Court’s conclusion that there has been a lack of discovery sufficient to warrant granting defendants’ motion for a change of venue at this stage of the proceedings. Accordingly, inasmuch as the court’s denial was without prejudice and the issues involve questions requiring further disclosure, there should be an affirmance (see, Brevetti v Roth, 114 AD2d 877; Stavredes v United States, 87 AD2d 502).

Mahoney, P. J., Mikoll, Yesawich Jr. and Mercure, JJ., concur. Ordered that the order is affirmed, with costs.

Binghamton Savings Bank v. Pacific Employers Insurance, 176 A.D.2d 419, 574 N.Y.S.2d 303, 1991 N.Y. App. Div. LEXIS 12409 (N.Y. Ct. App. 1991).

Pincite

176 A.D.2d 419 (Binghamton Savings Bank v. Pacific Employers Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related