Pavesi v. C. Salzberg

Appellate Division of the Supreme Court of New York

Pavesi v. C. Salzberg

57 A.D.3d 750, 868 N.Y.2d 917

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

DecidedDecember 16, 2008

StatusPublished

Cited by1 cases

This text of 57 A.D.3d 750 (Pavesi v. C. Salzberg) 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

Pavesi v. C. Salzberg, 57 A.D.3d 750, 868 N.Y.2d 917 (N.Y. Ct. App. 2008).

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Opinion

The plaintiffs placed the venue of this medical malpractice action in Suffolk County, as that was the county within which they resided. However, all of the alleged negligent acts occurred during the surgical and medical care rendered by the defendants to the plaintiff Jineen Pavesi, which took place in and around northern Westchester County. Accordingly, the Supreme Court providently exercised its discretion in granting the defendants’ motion to change the venue of this action from Suffolk County to Westchester County for the convenience of material witnesses {see CPLR 510 [3]; Dwyer v Nobody Beats the Wiz, Inc., 23 AD3d 334 [2005]; Cascone-Riemma v Kelleher, 287 AD2d 677 [2001]). Fisher, J.E, Lifson, Covello, Balkin and Belen, JJ., concur.

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The plaintiffs placed the venue of this medical malpractice action in Suffolk County, as that was the county within which they resided. However, all of the alleged negligent acts occurred during the surgical and medical care rendered by the defendants to the plaintiff Jineen Pavesi, which took place in and around northern Westchester County. Accordingly, the Supreme Court providently exercised its discretion in granting the defendants’ motion to change the venue of this action from Suffolk County to Westchester County for the convenience of material witnesses {see CPLR 510 [3]; Dwyer v Nobody Beats the Wiz, Inc., 23 AD3d 334 [2005]; Cascone-Riemma v Kelleher, 287 AD2d 677 [2001]). Fisher, J.E, Lifson, Covello, Balkin and Belen, JJ., concur.

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Bluebook (online)

57 A.D.3d 750, 868 N.Y.2d 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pavesi-v-c-salzberg-nyappdiv-2008.

Opinion

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