Commissioner of the State Insurance Fund v. Nature's Way Environmental Consultants & Contractors, Inc.

Appellate Division of the Supreme Court of New York

Commissioner of the State Insurance Fund v. Nature's Way Environmental Consultants & Contractors, Inc.

266 A.D.2d 334, 698 N.Y.S.2d 172, 1999 N.Y. App. Div. LEXIS 11536

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

DecidedNovember 15, 1999

StatusPublished

This text of 266 A.D.2d 334 (Commissioner of the State Insurance Fund v. Nature's Way Environmental Consultants & Contractors, Inc.) 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.

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Commissioner of the State Insurance Fund v. Nature's Way Environmental Consultants & Contractors, Inc., 266 A.D.2d 334, 698 N.Y.S.2d 172, 1999 N.Y. App. Div. LEXIS 11536 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover unpaid insurance premiums, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated November 9, 1998, as denied that branch of its cross motion which was pursuant to CPLR 510 (3) to change the venue of the action from Nassau County to Erie County.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendant failed to establish that the venue of this action should be changed to Erie County based on the convenience of material witnesses (see, Penn v North Shore Univ. [335]*335Hosp. — Glen Cove, 244 AD2d 537; O’Brien v Vassar Bros. Hosp., 207 AD2d 169; D’Argenio v Monroe Radiological Assocs., 124 AD2d 541). Bracken, J. P., Santucci, Altman, Friedmann and H. Miller, JJ., concur.

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—In an action to recover unpaid insurance premiums, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated November 9, 1998, as denied that branch of its cross motion which was pursuant to CPLR 510 (3) to change the venue of the action from Nassau County to Erie County.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The defendant failed to establish that the venue of this action should be changed to Erie County based on the convenience of material witnesses (see, Penn v North Shore Univ. [335]*335Hosp. — Glen Cove, 244 AD2d 537; O’Brien v Vassar Bros. Hosp., 207 AD2d 169; D’Argenio v Monroe Radiological Assocs., 124 AD2d 541). Bracken, J. P., Santucci, Altman, Friedmann and H. Miller, JJ., concur.

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266 A.D.2d 334, 698 N.Y.S.2d 172, 1999 N.Y. App. Div. LEXIS 11536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-the-state-insurance-fund-v-natures-way-environmental-nyappdiv-1999.

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