Buccella v. Hofstra University

Appellate Division of the Supreme Court of New York

Buccella v. Hofstra University

288 A.D.2d 118, 733 N.Y.S.2d 346, 2001 N.Y. App. Div. LEXIS 11117

Appellate Division of the Supreme Court of the State of New York·Decided November 20, 2001·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about September 25, 2000, which denied plaintiffs motion to reargue a prior order granting defendants’ motion to change venue from New York County to Nassau County, deemed to have granted reargument, and, upon re argument, to have adhered to the prior order, and, so considered, unanimously affirmed, without costs.

The motion court, while stating in the order on appeal that reargument is denied, in effect granted reargument in a reconsideration that actually decided the motion on a different ground; accordingly, the order is appealable (see, Centennial Restorations Co. v Wyatt, 248 AD2d 193, 197-198). Pursuant to CPLR 510 (3), venue was properly changed to Nassau County based upon the convenience of material witnesses in a personal injury action that arose in Nassau County (see, Neos v Crabby Joe’s, 241 AD2d 337). Concur — Tom, J. P., Andrias, Lerner, Saxe and Buckley, JJ.

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—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about September 25, 2000, which denied plaintiffs motion to reargue a prior order granting defendants’ motion to change venue from New York County to Nassau County, deemed to have granted reargument, and, upon re argument, to have adhered to the prior order, and, so considered, unanimously affirmed, without costs.

The motion court, while stating in the order on appeal that reargument is denied, in effect granted reargument in a reconsideration that actually decided the motion on a different ground; accordingly, the order is appealable (see, Centennial Restorations Co. v Wyatt, 248 AD2d 193, 197-198). Pursuant to CPLR 510 (3), venue was properly changed to Nassau County based upon the convenience of material witnesses in a personal injury action that arose in Nassau County (see, Neos v Crabby Joe’s, 241 AD2d 337). Concur — Tom, J. P., Andrias, Lerner, Saxe and Buckley, JJ.

Buccella v. Hofstra University, 288 A.D.2d 118, 733 N.Y.S.2d 346, 2001 N.Y. App. Div. LEXIS 11117 (N.Y. Ct. App. 2001).

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288 A.D.2d 118 (Buccella v. Hofstra University) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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