Lopez v. Chaliwit

Appellate Division of the Supreme Court of New York

Lopez v. Chaliwit

268 A.D.2d 377, 702 N.Y.S.2d 253

Appellate Division of the Supreme Court of the State of New York·Decided January 25, 2000·Published·Cited by 5 cases

Opinion

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 3, 1999, which, inter alla, granted the cross motion of the Chaliwit defendants to consolidate the two actions and transfer the matter to Westchester County, unanimously affirmed, without costs.

While it is true that the venue of two actions, initially placed in separate counties, generally lies where the first action was commenced (Bernstein v Silverman, 228 AD2d 325, 326) and plaintiff commenced her first action in the Bronx, CPLR 510 nonetheless authorizes a court to change venue for the convenience of material witnesses and to promote the ends of justice (supra). These criteria were satisfied by defendants’ showing that nearly all of the prospective nonparty witnesses are located in Westchester, which was also the site of plaintiff’s accident and most of her ensuing medical treatment.

We have considered plaintiff’s remaining arguments and find them unavailing. Concur—Sullivan, J. P., Tom, Mazzarelli, Wallach and Rubin, JJ.

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

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 3, 1999, which, inter alla, granted the cross motion of the Chaliwit defendants to consolidate the two actions and transfer the matter to Westchester County, unanimously affirmed, without costs.

While it is true that the venue of two actions, initially placed in separate counties, generally lies where the first action was commenced (Bernstein v Silverman, 228 AD2d 325, 326) and plaintiff commenced her first action in the Bronx, CPLR 510 nonetheless authorizes a court to change venue for the convenience of material witnesses and to promote the ends of justice (supra). These criteria were satisfied by defendants’ showing that nearly all of the prospective nonparty witnesses are located in Westchester, which was also the site of plaintiff’s accident and most of her ensuing medical treatment.

We have considered plaintiff’s remaining arguments and find them unavailing. Concur—Sullivan, J. P., Tom, Mazzarelli, Wallach and Rubin, JJ.

Lopez v. Chaliwit, 268 A.D.2d 377, 702 N.Y.S.2d 253 (N.Y. Ct. App. 2000).

Pincite

268 A.D.2d 377 (Lopez v. Chaliwit) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related