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

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 1998·Published

Opinion

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or [253] about 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] about 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.

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

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