Home/Appellate Division of the Supreme Court of New York/Lumbermen's Mutual Casualty Co. v. Toms

Lumbermen's Mutual Casualty Co. v. Toms

197 A.D.2d 875, 604 N.Y.S.2d 873, 1993 N.Y. App. Div. LEXIS 9278
Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1993·Published

Opinion

—Order unanimously reversed on the law with [876]*876costs and motion granted. Memorandum: Supreme Court erred in sua sponte changing venue to a forum neither designated nor requested by either party (see, Agway, Inc. v Kervin, 188 AD2d 1076; Sellars v Tubbs, 171 AD2d 1025; Nixon v Federated Dept. Stores, 170 AD2d 659, 660; Kelson v Nedicks Stores, 104 AD2d 315, 316). In support of his motion to change venue to Monroe County, defendant presented evidence to demonstrate that the causes of action arose in Monroe County and that most of the material witnesses reside in Monroe County (CPLR 510 [3]). Because plaintiff submitted no evidence in opposition to defendant’s motion, Supreme Court should have granted the motion. (Appeal from Order of Supreme Court, Erie County, Wolf, Jr., J.—Change of Venue.) Present—Den-man, P. J., Balio, Lawton, Doerr and Boehm, JJ.

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

Lumbermen's Mutual Casualty Co. v. Toms, 197 A.D.2d 875, 604 N.Y.S.2d 873, 1993 N.Y. App. Div. LEXIS 9278 (N.Y. Ct. App. 1993).

197 A.D.2d 875 (Lumbermen's Mutual Casualty Co. v. Toms) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kelson v. Nedicks Stores, Inc.
104 A.D.2d 315 (Appellate Division of the Supreme Court of New York, 1984)
Nixon v. Federated Department Stores, Inc.
170 A.D.2d 659 (Appellate Division of the Supreme Court of New York, 1991)
Sellars v. Tubbs
171 A.D.2d 1025 (Appellate Division of the Supreme Court of New York, 1991)
Agway, Inc. v. Kervin
188 A.D.2d 1076 (Appellate Division of the Supreme Court of New York, 1992)