Cerniglia v. Combes

Appellate Division of the Supreme Court of New York

Cerniglia v. Combes

157 A.D.2d 499, 549 N.Y.S.2d 689, 1990 N.Y. App. Div. LEXIS 143

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

DecidedJanuary 11, 1990

StatusPublished

Cited by4 cases

This text of 157 A.D.2d 499 (Cerniglia v. Combes) 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

Cerniglia v. Combes, 157 A.D.2d 499, 549 N.Y.S.2d 689, 1990 N.Y. App. Div. LEXIS 143 (N.Y. Ct. App. 1990).

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Opinion

—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about March 7, 1989, which granted defendants’ motion for a change of venue and transferred this action to the Supreme Court, Suffolk County, unanimously reversed, on the law and the facts and in the exercise of discretion, the motion for a change of venue denied and the matter remanded for a hearing on plaintiff’s residence, without costs.

This is an action for personal injuries resulting from a motor vehicle accident in Suffolk County on May 28, 1988. Defendants demanded that venue be changed in a "demand for change of venue” dated November 9, 1988 and served pursuant to CPLR 511 (a). When no consent to change venue was received, defendants moved to change venue on the grounds, inter alia, that the plaintiff and the defendants resided in Suffolk County.

Plaintiff alleges that both at the time of the accident and at the time of the action, she resided in New York County. No explanation is offered, however, as to why plaintiff’s license listed her address as Suffolk County. Plaintiff contends that she was not given an opportunity by the motion court to explain. We deem it appropriate to remand for a hearing. Concur—Ellerin, J. P., Wallach, Smith and Rubin, JJ.

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—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about March 7, 1989, which granted defendants’ motion for a change of venue and transferred this action to the Supreme Court, Suffolk County, unanimously reversed, on the law and the facts and in the exercise of discretion, the motion for a change of venue denied and the matter remanded for a hearing on plaintiff’s residence, without costs.

This is an action for personal injuries resulting from a motor vehicle accident in Suffolk County on May 28, 1988. Defendants demanded that venue be changed in a "demand for change of venue” dated November 9, 1988 and served pursuant to CPLR 511 (a). When no consent to change venue was received, defendants moved to change venue on the grounds, inter alia, that the plaintiff and the defendants resided in Suffolk County.

Plaintiff alleges that both at the time of the accident and at the time of the action, she resided in New York County. No explanation is offered, however, as to why plaintiff’s license listed her address as Suffolk County. Plaintiff contends that she was not given an opportunity by the motion court to explain. We deem it appropriate to remand for a hearing. Concur—Ellerin, J. P., Wallach, Smith and Rubin, JJ.

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Bluebook (online)

157 A.D.2d 499, 549 N.Y.S.2d 689, 1990 N.Y. App. Div. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cerniglia-v-combes-nyappdiv-1990.

Opinion

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