Mena v. Four Wheels Co.

Appellate Division of the Supreme Court of New York

Mena v. Four Wheels Co.

272 A.D.2d 223, 708 N.Y.S.2d 74, 2000 N.Y. App. Div. LEXIS 5910

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

DecidedMay 23, 2000

StatusPublished

Cited by7 cases

This text of 272 A.D.2d 223 (Mena v. Four Wheels Co.) 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

Mena v. Four Wheels Co., 272 A.D.2d 223, 708 N.Y.S.2d 74, 2000 N.Y. App. Div. LEXIS 5910 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 13, 1999, which denied defendants’ motion for a change of venue from New York County to Suffolk County, unanimously affirmed, without costs.

The motion was properly denied in the absence of a plausible explanation for not having made it until a year after the action was commenced, and also after the note of issue had been filed (see, CPLR 511 [a]). Defendants’ showing of the inconvenience to two witnesses, residents of eastern Nassau and western Suffolk Counties, in having to travel to downtown New York instead of Riverhead, is not sufficiently compelling to counter the unreasonable delay in making the motion. Concur — Rosenberger, J. P., Williams, Mazzarelli, Rubin and Friedman, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 13, 1999, which denied defendants’ motion for a change of venue from New York County to Suffolk County, unanimously affirmed, without costs.

The motion was properly denied in the absence of a plausible explanation for not having made it until a year after the action was commenced, and also after the note of issue had been filed (see, CPLR 511 [a]). Defendants’ showing of the inconvenience to two witnesses, residents of eastern Nassau and western Suffolk Counties, in having to travel to downtown New York instead of Riverhead, is not sufficiently compelling to counter the unreasonable delay in making the motion. Concur — Rosenberger, J. P., Williams, Mazzarelli, Rubin and Friedman, JJ.

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Bluebook (online)

272 A.D.2d 223, 708 N.Y.S.2d 74, 2000 N.Y. App. Div. LEXIS 5910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mena-v-four-wheels-co-nyappdiv-2000.

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