Perez v. Long Beach Motor Inn, Inc.

Appellate Division of the Supreme Court of New York

Perez v. Long Beach Motor Inn, Inc.

138 A.D.2d 583, 526 N.Y.S.2d 165, 1988 N.Y. App. Div. LEXIS 3137

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

DecidedMarch 21, 1988

StatusPublished

Cited by3 cases

This text of 138 A.D.2d 583 (Perez v. Long Beach Motor Inn, Inc.) 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

Perez v. Long Beach Motor Inn, Inc., 138 A.D.2d 583, 526 N.Y.S.2d 165, 1988 N.Y. App. Div. LEXIS 3137 (N.Y. Ct. App. 1988).

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Opinion

In a negligence action to recover damages for personal injuries, the defendant Long Beach Motor Inn, Inc., appeals from an order of the Supreme Court, Kings County (Levine, J.), dated September 5, 1987, which denied its motion for a change of venue.

In Ordered that the order is reversed, as an exercise of discretion in the interest of justice, without costs or disbursements, and the motion to change venue is granted upon condition that the defendant’s attorney personally pay to the plaintiff the sum of $250 within 30 days after service upon the defendant’s attorney of a copy of this decision and order with notice of entry; if the condition is not satisfied, then the order is affirmed, with costs.

This transitory action clearly belongs in Nassau County, but we have conditioned the change of venue upon the payment of $250 to the plaintiff because the motion to change venue was not brought within the time framework set forth in CPLR 511 (see generally, CPLR 2004; Arbel v Turgeon Rests., 124 AD2d 769; Ohrenstein v LaGuardia Racquet Club, 118 AD2d 515). Mollen, P. J., Lawrence, Fiber, Sullivan and Balletta, JJ., concur.

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In a negligence action to recover damages for personal injuries, the defendant Long Beach Motor Inn, Inc., appeals from an order of the Supreme Court, Kings County (Levine, J.), dated September 5, 1987, which denied its motion for a change of venue.

In Ordered that the order is reversed, as an exercise of discretion in the interest of justice, without costs or disbursements, and the motion to change venue is granted upon condition that the defendant’s attorney personally pay to the plaintiff the sum of $250 within 30 days after service upon the defendant’s attorney of a copy of this decision and order with notice of entry; if the condition is not satisfied, then the order is affirmed, with costs.

This transitory action clearly belongs in Nassau County, but we have conditioned the change of venue upon the payment of $250 to the plaintiff because the motion to change venue was not brought within the time framework set forth in CPLR 511 (see generally, CPLR 2004; Arbel v Turgeon Rests., 124 AD2d 769; Ohrenstein v LaGuardia Racquet Club, 118 AD2d 515). Mollen, P. J., Lawrence, Fiber, Sullivan and Balletta, JJ., concur.

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Bluebook (online)

138 A.D.2d 583, 526 N.Y.S.2d 165, 1988 N.Y. App. Div. LEXIS 3137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-long-beach-motor-inn-inc-nyappdiv-1988.

Opinion

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