Brown v. Dawson

Appellate Division of the Supreme Court of New York

Brown v. Dawson

65 A.D.3d 980, 885 N.Y.S.2d 418

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

DecidedSeptember 29, 2009

StatusPublished

Cited by1 cases

This text of 65 A.D.3d 980 (Brown v. Dawson) 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

Brown v. Dawson, 65 A.D.3d 980, 885 N.Y.S.2d 418 (N.Y. Ct. App. 2009).

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Opinion

Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered June 3, 2008, which, in an action for medical malpractice, denied defendant-appellant’s motion to change venue from New York County to Richmond County, unanimously affirmed, without costs.

Plaintiff properly placed venue in New York County based upon St. Vincent’s Hospital and Medical Center’s designation of New York County as its corporate residence on its certificate of incorporation (see CPLR 503 [c]; Krochta v On Time Delivery Serv., Inc., 62 AD3d 579, 580 [2009]; Velasquez v Delaware Riv. Val. Lease Corp., 18 AD3d 359, 360 [2005]).

Nor does the record support a discretionary change of venue pursuant to CPLR 510 (3), inasmuch as appellant failed to detail the identity and availability of proposed witnesses, the nature and materiality of the anticipated testimony and the manner in which they would be inconvenienced by the designated venue [981]*981(see Parker v Ferraro, 61 AD3d 470 [2009]). Concur—Mazzarelli, J.P., Saxe, Moskowitz, Renwick and Richter, JJ.

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Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered June 3, 2008, which, in an action for medical malpractice, denied defendant-appellant’s motion to change venue from New York County to Richmond County, unanimously affirmed, without costs.

Plaintiff properly placed venue in New York County based upon St. Vincent’s Hospital and Medical Center’s designation of New York County as its corporate residence on its certificate of incorporation (see CPLR 503 [c]; Krochta v On Time Delivery Serv., Inc., 62 AD3d 579, 580 [2009]; Velasquez v Delaware Riv. Val. Lease Corp., 18 AD3d 359, 360 [2005]).

Nor does the record support a discretionary change of venue pursuant to CPLR 510 (3), inasmuch as appellant failed to detail the identity and availability of proposed witnesses, the nature and materiality of the anticipated testimony and the manner in which they would be inconvenienced by the designated venue [981]*981(see Parker v Ferraro, 61 AD3d 470 [2009]). Concur—Mazzarelli, J.P., Saxe, Moskowitz, Renwick and Richter, JJ.

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Bluebook (online)

65 A.D.3d 980, 885 N.Y.S.2d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-dawson-nyappdiv-2009.

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