Owen v. Halperin

Appellate Division of the Supreme Court of New York

Owen v. Halperin

12 A.D.3d 582, 784 N.Y.S.2d 378, 2004 N.Y. App. Div. LEXIS 14261

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

DecidedNovember 22, 2004

StatusPublished

This text of 12 A.D.3d 582 (Owen v. Halperin) 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

Owen v. Halperin, 12 A.D.3d 582, 784 N.Y.S.2d 378, 2004 N.Y. App. Div. LEXIS 14261 (N.Y. Ct. App. 2004).

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Opinion

In an action to recover an attorney’s fee, the defendant appeals from so much of an order of the Supreme Court, Orange [583]*583County (Rosenwasser, J.), dated February 18, 2004, as granted his motion pursuant to CPLR 510 (2) to change venue of the action from Orange County to New York County only to the extent of changing the venue of the action from Orange County to Rockland County.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is granted in its entirety, and the Clerk of the Supreme Court, Rockland County, is directed to deliver to the Clerk of the Supreme Court, New York County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511 [d]).

The Supreme Court erred in changing the venue of the action from Orange County to Rockland County, a county where none of the parties resided when the action was commenced, instead of New York County, where the defendant resided at the time of commencement of this action (see CPLR 503 [a]; Saxe v OB/GYN Assoc., 86 NY2d 820 [1995]). Furthermore, the plaintiff failed to establish his entitlement to relief pursuant to CPLR 510 (3) (see O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 172-173 [1995]). Santucci, J.P., Smith, S. Miller, Cozier and Fisher, JJ., concur.

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In an action to recover an attorney’s fee, the defendant appeals from so much of an order of the Supreme Court, Orange [583]*583County (Rosenwasser, J.), dated February 18, 2004, as granted his motion pursuant to CPLR 510 (2) to change venue of the action from Orange County to New York County only to the extent of changing the venue of the action from Orange County to Rockland County.

Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, the motion is granted in its entirety, and the Clerk of the Supreme Court, Rockland County, is directed to deliver to the Clerk of the Supreme Court, New York County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511 [d]).

The Supreme Court erred in changing the venue of the action from Orange County to Rockland County, a county where none of the parties resided when the action was commenced, instead of New York County, where the defendant resided at the time of commencement of this action (see CPLR 503 [a]; Saxe v OB/GYN Assoc., 86 NY2d 820 [1995]). Furthermore, the plaintiff failed to establish his entitlement to relief pursuant to CPLR 510 (3) (see O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 172-173 [1995]). Santucci, J.P., Smith, S. Miller, Cozier and Fisher, JJ., concur.

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Bluebook (online)

12 A.D.3d 582, 784 N.Y.S.2d 378, 2004 N.Y. App. Div. LEXIS 14261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-halperin-nyappdiv-2004.

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