Cosme v. Town of Islip

Appellate Division of the Supreme Court of New York

Cosme v. Town of Islip

73 A.D.2d 681, 423 N.Y.S.2d 846, 1979 N.Y. App. Div. LEXIS 14545

Appellate Division of the Supreme Court of the State of New York·Decided December 31, 1979·Published

Opinion

— In actions to be jointly tried to recover damages for libel, the plaintiff appeals from an order of the Supreme Court, Suffolk County, dated May 1, 1979, which denied his motion for a change of venue. Order [682] reversed, without costs or disbursements, motion granted and the said actions are transferred from Suffolk County to New York County. The motion should have been granted to avoid even the least possible appearance of bias or favoritism. (See Burstein v Greene, 61 AD2d 827.) Mollen, P. J., Titone, Rabin, Gulotta and Gibbons, JJ., concur.

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— In actions to be jointly tried to recover damages for libel, the plaintiff appeals from an order of the Supreme Court, Suffolk County, dated May 1, 1979, which denied his motion for a change of venue. Order [682] reversed, without costs or disbursements, motion granted and the said actions are transferred from Suffolk County to New York County. The motion should have been granted to avoid even the least possible appearance of bias or favoritism. (See Burstein v Greene, 61 AD2d 827.) Mollen, P. J., Titone, Rabin, Gulotta and Gibbons, JJ., concur.

Cosme v. Town of Islip, 73 A.D.2d 681, 423 N.Y.S.2d 846, 1979 N.Y. App. Div. LEXIS 14545 (N.Y. Ct. App. 1979).

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