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Greene v. Hillcrest General Hospital

130 A.D.2d 621, 515 N.Y.S.2d 550, 1987 N.Y. App. Div. LEXIS 46635
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 18, 1987
StatusPublished
Cited by19 cases

This text of 130 A.D.2d 621 (Greene v. Hillcrest General Hospital) 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
Greene v. Hillcrest General Hospital, 130 A.D.2d 621, 515 N.Y.S.2d 550, 1987 N.Y. App. Div. LEXIS 46635 (N.Y. Ct. App. 1987).

Opinion

In a medical malpractice action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Scholnick, J.), dated October 14, 1986, which granted the motion of the defendant Newton Miller, joined in by the defendants Hillcrest General Hospital and John Gelfand, to change the venue of the action from Kings County to Queens County pursuant to CPLR 510 and 511 to suit the convenience of witnesses.

Ordered that the order is reversed, with costs, and the motion is denied.

A motion to change venue for the convenience of witnesses must be supported by a statement naming the witnesses involved, that they have agreed to testify and what their testimony might be. Absent such a showing, such a motion should be denied (see, Brevetti v Roth, 114 AD2d 877, 878-879). The respondents have not satisfied this burden and, accordingly, reversal is required. Mangano, J. P., Eiber, Kunzeman and Harwood, JJ., concur.

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Bluebook (online)
130 A.D.2d 621, 515 N.Y.S.2d 550, 1987 N.Y. App. Div. LEXIS 46635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-hillcrest-general-hospital-nyappdiv-1987.