McNeil v. Modern Materials Handling Equipment Corp.

Appellate Division of the Supreme Court of New York

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

Appellate Division of the Supreme Court of the State of New York·Decided June 19, 1995·Published

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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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.

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).

Pincite

216 A.D.2d 445 (McNeil v. Modern Materials Handling Equipment Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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