Mastrion v. McKay Bros. Motors

Appellate Division of the Supreme Court of New York

Mastrion v. McKay Bros. Motors

222 A.D.2d 562, 636 N.Y.S.2d 628, 1995 N.Y. App. Div. LEXIS 13264

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

DecidedDecember 18, 1995

StatusPublished

This text of 222 A.D.2d 562 (Mastrion v. McKay Bros. Motors) 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

Mastrion v. McKay Bros. Motors, 222 A.D.2d 562, 636 N.Y.S.2d 628, 1995 N.Y. App. Div. LEXIS 13264 (N.Y. Ct. App. 1995).

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Opinion

—In a negligence action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Hurowitz, J.), dated October 14, 1994, which denied their motion pursuant to CPLR 510 (3) for a change of venue from Kings County to Rensselaer County.

Ordered that the order is affirmed, with costs.

[563]*563Upon our review of the record, we agree with Supreme Court that the defendants failed to meet their burden of establishing that the convenience of material witnesses would be promoted by a change of venue to Rensselaer County (see, CPLR 510 [3]; O’Brien v Vassar Bros. Hosp., 207 AD2d 169). Sullivan, J. P., Thompson, Krausman and Florio, JJ., concur.

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—In a negligence action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Hurowitz, J.), dated October 14, 1994, which denied their motion pursuant to CPLR 510 (3) for a change of venue from Kings County to Rensselaer County.

Ordered that the order is affirmed, with costs.

[563]*563Upon our review of the record, we agree with Supreme Court that the defendants failed to meet their burden of establishing that the convenience of material witnesses would be promoted by a change of venue to Rensselaer County (see, CPLR 510 [3]; O’Brien v Vassar Bros. Hosp., 207 AD2d 169). Sullivan, J. P., Thompson, Krausman and Florio, JJ., concur.

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Bluebook (online)

222 A.D.2d 562, 636 N.Y.S.2d 628, 1995 N.Y. App. Div. LEXIS 13264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mastrion-v-mckay-bros-motors-nyappdiv-1995.

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