Countrywide Insurance v. Quinn

Appellate Division of the Supreme Court of New York

Countrywide Insurance v. Quinn

268 A.D.2d 381, 703 N.Y.S.2d 2, 2000 N.Y. App. Div. LEXIS 783

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

DecidedJanuary 27, 2000

StatusPublished

This text of 268 A.D.2d 381 (Countrywide Insurance v. Quinn) 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

Countrywide Insurance v. Quinn, 268 A.D.2d 381, 703 N.Y.S.2d 2, 2000 N.Y. App. Div. LEXIS 783 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Order, Supreme Court, New York County (Paula Omansky, J.), entered May 6, 1999, which granted defendant’s motion pursuant to CPLR 510 (3) to change venue from New York County to Richmond County, unanimously reversed, on the law and the facts, without costs or disbursements, and the motion denied.

In this action for a trial de nova to determine defendant’s [382]*382entitlement to lost wages under No-Fault, it was error to change venue from New York County to Richmond County on the basis of an affidavit from defendant’s attorney citing the fact that the three expected medical witnesses had their offices in Richmond County, as well as the fact that defendant’s employer and her employment records were situated in that County. The affidavit fails to show that the prospective witnesses had been contacted and that they were available and willing to testify and the manner in which they would be inconvenienced by a trial in New York County. In the absence of such a showing, a change of venue on the ground of convenience of material witnesses, which is addressed to the sound discretion of the court (Pittman v Maher, 202 AD2d 172), should not be granted. (Cardona v Aggressive Heating, 180 AD2d 572.) Defendant failed to carry her burden so as to warrant a change of venue. Concur—Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Paula Omansky, J.), entered May 6, 1999, which granted defendant’s motion pursuant to CPLR 510 (3) to change venue from New York County to Richmond County, unanimously reversed, on the law and the facts, without costs or disbursements, and the motion denied.

In this action for a trial de nova to determine defendant’s [382]*382entitlement to lost wages under No-Fault, it was error to change venue from New York County to Richmond County on the basis of an affidavit from defendant’s attorney citing the fact that the three expected medical witnesses had their offices in Richmond County, as well as the fact that defendant’s employer and her employment records were situated in that County. The affidavit fails to show that the prospective witnesses had been contacted and that they were available and willing to testify and the manner in which they would be inconvenienced by a trial in New York County. In the absence of such a showing, a change of venue on the ground of convenience of material witnesses, which is addressed to the sound discretion of the court (Pittman v Maher, 202 AD2d 172), should not be granted. (Cardona v Aggressive Heating, 180 AD2d 572.) Defendant failed to carry her burden so as to warrant a change of venue. Concur—Sullivan, J. P., Rosenberger, Nardelli, Williams and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

268 A.D.2d 381, 703 N.Y.S.2d 2, 2000 N.Y. App. Div. LEXIS 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/countrywide-insurance-v-quinn-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack