Callesto v. Williams

Appellate Division of the Supreme Court of New York

Callesto v. Williams

107 A.D.2d 1055, 486 N.Y.S.2d 574, 1985 N.Y. App. Div. LEXIS 42875

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

DecidedJanuary 29, 1985

StatusPublished

Cited by1 cases

This text of 107 A.D.2d 1055 (Callesto v. Williams) 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

Callesto v. Williams, 107 A.D.2d 1055, 486 N.Y.S.2d 574, 1985 N.Y. App. Div. LEXIS 42875 (N.Y. Ct. App. 1985).

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Opinion

— Order unanimously affirmed, without costs. Memorandum: Special Term did not abuse its discretion in granting plaintiff’s motion to change the venue of this action from Wyoming County to Erie County. Since the action was commenced, plaintiff has moved to Erie County, the defendant doctors have moved out of State and plaintiff has discontinued the action against the Wyoming County defendants. Moreover, plaintiff and his counsel have established by affidavits that the convenience of nonparty witnesses and the ends of justice would be promoted by the proposed change (see CPLR 510, subd 3; Hurlbut v Whalen, 58 AD2d 311, 316, mot for lv to app den 43 NY2d 643). It is well settled that a motion for a change of venue under CPLR 510 (subd 3) is addressed to the sound discretion of the trial court and absent a clear cause, not present here, the exercise of that discretion should not be disturbed (Hurlbut v Whalen, 58 AD2d 311, 315-316, supra). We have considered defendants’ other argument and find it lacking in merit. (Appeal from order of Supreme Court, Erie County, Bayger, J. — change of venue.) Present — Dillon, P. J., Boomer, Green, O’Donnell and Schnepp, JJ.

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— Order unanimously affirmed, without costs. Memorandum: Special Term did not abuse its discretion in granting plaintiff’s motion to change the venue of this action from Wyoming County to Erie County. Since the action was commenced, plaintiff has moved to Erie County, the defendant doctors have moved out of State and plaintiff has discontinued the action against the Wyoming County defendants. Moreover, plaintiff and his counsel have established by affidavits that the convenience of nonparty witnesses and the ends of justice would be promoted by the proposed change (see CPLR 510, subd 3; Hurlbut v Whalen, 58 AD2d 311, 316, mot for lv to app den 43 NY2d 643). It is well settled that a motion for a change of venue under CPLR 510 (subd 3) is addressed to the sound discretion of the trial court and absent a clear cause, not present here, the exercise of that discretion should not be disturbed (Hurlbut v Whalen, 58 AD2d 311, 315-316, supra). We have considered defendants’ other argument and find it lacking in merit. (Appeal from order of Supreme Court, Erie County, Bayger, J. — change of venue.) Present — Dillon, P. J., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

107 A.D.2d 1055, 486 N.Y.S.2d 574, 1985 N.Y. App. Div. LEXIS 42875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callesto-v-williams-nyappdiv-1985.

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