Clarendon Place Corp. v. Landmark Insurance

Appellate Division of the Supreme Court of New York

Clarendon Place Corp. v. Landmark Insurance

204 A.D.2d 177, 614 N.Y.S.2d 111, 1994 N.Y. App. Div. LEXIS 5347

Appellate Division of the Supreme Court of the State of New York·Decided May 17, 1994·Published

Opinion

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about May 10, 1993, which denied defendant-appellant’s motion for a change of venue from Bronx County to New York County, unanimously affirmed, with costs.

A change of venue was properly denied pursuant to CPLR 510 (1) on the ground that Bronx County is not a proper venue, no demand for a change to a proper county having been served as required by CPLR 511 (b) (see, Pittman v Maher, 202 AD2d 172). Nor was it an abuse of discretion to deny a change of venue from Bronx County to New York County pursuant to CPLR 510 (3). After the only party who resided in the Bronx was dismissed from the action, appellant failed to demonstrate that any material witnesses reside in New York County (see, Bell v Cusano, 197 AD2d 382), or would be genuinely inconvenienced by having to have to travel to the Bronx instead of New York County courthouse (see, Kurnitz v New Rochelle Hosp. Med. Ctr., 166 AD2d 390). Concur—Ellerin, J. P., Ross, Nardelli and Williams, JJ.

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—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about May 10, 1993, which denied defendant-appellant’s motion for a change of venue from Bronx County to New York County, unanimously affirmed, with costs.

A change of venue was properly denied pursuant to CPLR 510 (1) on the ground that Bronx County is not a proper venue, no demand for a change to a proper county having been served as required by CPLR 511 (b) (see, Pittman v Maher, 202 AD2d 172). Nor was it an abuse of discretion to deny a change of venue from Bronx County to New York County pursuant to CPLR 510 (3). After the only party who resided in the Bronx was dismissed from the action, appellant failed to demonstrate that any material witnesses reside in New York County (see, Bell v Cusano, 197 AD2d 382), or would be genuinely inconvenienced by having to have to travel to the Bronx instead of New York County courthouse (see, Kurnitz v New Rochelle Hosp. Med. Ctr., 166 AD2d 390). Concur—Ellerin, J. P., Ross, Nardelli and Williams, JJ.

Clarendon Place Corp. v. Landmark Insurance, 204 A.D.2d 177, 614 N.Y.S.2d 111, 1994 N.Y. App. Div. LEXIS 5347 (N.Y. Ct. App. 1994).

Pincite

204 A.D.2d 177 (Clarendon Place Corp. v. Landmark Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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