Mozden v. Daniels

Appellate Division of the Supreme Court of New York

Mozden v. Daniels

247 A.D.2d 252, 668 N.Y.S.2d 452, 1998 N.Y. App. Div. LEXIS 1061

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

DecidedFebruary 10, 1998

StatusPublished

This text of 247 A.D.2d 252 (Mozden v. Daniels) 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.

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Mozden v. Daniels, 247 A.D.2d 252, 668 N.Y.S.2d 452, 1998 N.Y. App. Div. LEXIS 1061 (N.Y. Ct. App. 1998).

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Opinion

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or [253]*253about March 17, 1997, which denied defendant’s motion to change venue from New York County to Essex County, unanimously affirmed, without costs.

We agree with the IAS Court that defendant failed to satisfy his burden of showing that a change of venue would promote the convenience of material witnesses. Further, most of plaintiffs treating physicians live or work in New York County (see, Schneeweiss v Pelkey, 138 AD2d 271, 272), where plaintiffs reside.

Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.

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Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or [253]*253about March 17, 1997, which denied defendant’s motion to change venue from New York County to Essex County, unanimously affirmed, without costs.

We agree with the IAS Court that defendant failed to satisfy his burden of showing that a change of venue would promote the convenience of material witnesses. Further, most of plaintiffs treating physicians live or work in New York County (see, Schneeweiss v Pelkey, 138 AD2d 271, 272), where plaintiffs reside.

Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.

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Bluebook (online)

247 A.D.2d 252, 668 N.Y.S.2d 452, 1998 N.Y. App. Div. LEXIS 1061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mozden-v-daniels-nyappdiv-1998.

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