Fernandez v. NYLCare Health Plans, Inc.

Appellate Division of the Supreme Court of New York

Fernandez v. NYLCare Health Plans, Inc.

276 A.D.2d 268, 714 N.Y.S.2d 198, 2000 N.Y. App. Div. LEXIS 9874

Appellate Division of the Supreme Court of the State of New York·Decided October 3, 2000·Published·Cited by 2 cases

Opinion

Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about August 16, 1999, which granted defendants’ motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

The change of venue to Westchester County was a proper exercise of discretion once the former co-plaintiff, whose residence was the basis for placing venue in Bronx County, settled [269] her claims against defendants, given that Westchester is the residence of the sole remaining plaintiff and the action has no other connections to Bronx County (cf., Tamburro v International Bus. Machs. Corp., 234 AD2d 535; Matter of Schulz v New York State Legislature, 252 AD2d 717, 718; cf. also, Emerick v Metropolitan Transp Auth., 272 AD2d 150; Malina Yin Fong Chow v Long Is. R. R., 202 AD2d 154). Concur — Williams, J. P., Tom, Ellerin, Rubin and Saxe, JJ.

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Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about August 16, 1999, which granted defendants’ motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

The change of venue to Westchester County was a proper exercise of discretion once the former co-plaintiff, whose residence was the basis for placing venue in Bronx County, settled [269] her claims against defendants, given that Westchester is the residence of the sole remaining plaintiff and the action has no other connections to Bronx County (cf., Tamburro v International Bus. Machs. Corp., 234 AD2d 535; Matter of Schulz v New York State Legislature, 252 AD2d 717, 718; cf. also, Emerick v Metropolitan Transp Auth., 272 AD2d 150; Malina Yin Fong Chow v Long Is. R. R., 202 AD2d 154). Concur — Williams, J. P., Tom, Ellerin, Rubin and Saxe, JJ.

Fernandez v. NYLCare Health Plans, Inc., 276 A.D.2d 268, 714 N.Y.S.2d 198, 2000 N.Y. App. Div. LEXIS 9874 (N.Y. Ct. App. 2000).

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Opinion

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