Esser v. Ciarmella

Appellate Division of the Supreme Court of New York

Esser v. Ciarmella

203 A.D.2d 159, 610 N.Y.S.2d 260, 1994 N.Y. App. Div. LEXIS 4129

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

DecidedApril 21, 1994

StatusPublished

Cited by3 cases

This text of 203 A.D.2d 159 (Esser v. Ciarmella) 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

Esser v. Ciarmella, 203 A.D.2d 159, 610 N.Y.S.2d 260, 1994 N.Y. App. Div. LEXIS 4129 (N.Y. Ct. App. 1994).

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Opinions

—Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 19, 1993, which granted defendant’s motion to change venue from New York County to Suffolk County, affirmed, without costs.

We agree with the IAS Court that this personal injury action should be transferred to Suffolk County where the accident occurred, and where both the eyewitnesses and the police officers who investigated the accident reside. Plaintiffs’ nonparty witnesses are doctors whose testimony will bear only on the issue of damages, and whose convenience is subordinate to that of nonparty witnesses who will be testifying on the issue of liability (Torres v Larsen, 195 AD2d 285). Concur —Sullivan, J. P., Wallach and Nardelli, JJ.

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—Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 19, 1993, which granted defendant’s motion to change venue from New York County to Suffolk County, affirmed, without costs.

We agree with the IAS Court that this personal injury action should be transferred to Suffolk County where the accident occurred, and where both the eyewitnesses and the police officers who investigated the accident reside. Plaintiffs’ nonparty witnesses are doctors whose testimony will bear only on the issue of damages, and whose convenience is subordinate to that of nonparty witnesses who will be testifying on the issue of liability (Torres v Larsen, 195 AD2d 285). Concur —Sullivan, J. P., Wallach and Nardelli, JJ.

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Bluebook (online)

203 A.D.2d 159, 610 N.Y.S.2d 260, 1994 N.Y. App. Div. LEXIS 4129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esser-v-ciarmella-nyappdiv-1994.

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