McNeil v. Modern Materials Handling Equipment Corp.

216 A.D.2d 445, 628 N.Y.S.2d 543, 1995 N.Y. App. Div. LEXIS 6480

This text of 216 A.D.2d 445 (McNeil v. Modern Materials Handling Equipment Corp.) 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
McNeil v. Modern Materials Handling Equipment Corp., 216 A.D.2d 445, 628 N.Y.S.2d 543, 1995 N.Y. App. Div. LEXIS 6480 (N.Y. Ct. App. 1995).

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Huttner, J.), dated March 15, 1994, which denied its motion pursuant to CPLR 510 (3) to change venue to Suffolk County.

Ordered that the order is affirmed, with costs.

The defendant has failed to meet its burden of establishing that the convenience of material witnesses and the ends of justice would be promoted by a change of venue to Suffolk County (see, CPLR 510 [3]; O’Brien v Vassar Bros. Hosp., 207 AD2d 169; Jansen v Bernhang, 149 AD2d 468). Bracken, J. P., Rosenblatt, Krausman and Goldstein, JJ., concur.

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Related

Jansen v. Bernhang
149 A.D.2d 468 (Appellate Division of the Supreme Court of New York, 1989)
O'Brien v. Vassar Bros. Hospital
207 A.D.2d 169 (Appellate Division of the Supreme Court of New York, 1995)

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Bluebook (online)
216 A.D.2d 445, 628 N.Y.S.2d 543, 1995 N.Y. App. Div. LEXIS 6480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcneil-v-modern-materials-handling-equipment-corp-nyappdiv-1995.