Pillittere v. Ted & Ann Tours, Inc.

Appellate Division of the Supreme Court of New York

Pillittere v. Ted & Ann Tours, Inc.

244 A.D.2d 1006, 668 N.Y.S.2d 969, 1997 N.Y. App. Div. LEXIS 12462

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

DecidedNovember 19, 1997

StatusPublished

Cited by3 cases

This text of 244 A.D.2d 1006 (Pillittere v. Ted & Ann Tours, 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

Pillittere v. Ted & Ann Tours, Inc., 244 A.D.2d 1006, 668 N.Y.S.2d 969, 1997 N.Y. App. Div. LEXIS 12462 (N.Y. Ct. App. 1997).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Supreme Court did not improvidently exercise its discretion in denying the motion of SS. Peter and Paul Roman Catholic Church Society of Depew and Diocese of Buffalo (defendants) for a change of venue from Niagara County to Erie County. Venue was properly designated in Niagara County by plaintiffs (see, CPLR 503 [a]), and defendants did not make the required detailed evidentiary showing that “the convenience of material witnesses and the ends of justice will be promoted by the change” (CPLR 510 [3]; see, O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 172-173). Significantly, defendants presented no proof that a trial in Niagara County will inconvenience defense witnesses. Thus, we reject defendants’ contention that, because this is a transitory action, venue should be in Erie County where the cause of action arose (see, O’Brien v Vassar Bros. Hosp., supra, at 173-174; Clinton v Griffin, 176 AD2d 501, 502). (Appeal from Order of Supreme Court, Niagara County, Joslin, J.—Change of Venue.) Present—Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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—Order unanimously affirmed without costs. Memorandum: Supreme Court did not improvidently exercise its discretion in denying the motion of SS. Peter and Paul Roman Catholic Church Society of Depew and Diocese of Buffalo (defendants) for a change of venue from Niagara County to Erie County. Venue was properly designated in Niagara County by plaintiffs (see, CPLR 503 [a]), and defendants did not make the required detailed evidentiary showing that “the convenience of material witnesses and the ends of justice will be promoted by the change” (CPLR 510 [3]; see, O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 172-173). Significantly, defendants presented no proof that a trial in Niagara County will inconvenience defense witnesses. Thus, we reject defendants’ contention that, because this is a transitory action, venue should be in Erie County where the cause of action arose (see, O’Brien v Vassar Bros. Hosp., supra, at 173-174; Clinton v Griffin, 176 AD2d 501, 502). (Appeal from Order of Supreme Court, Niagara County, Joslin, J.—Change of Venue.) Present—Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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244 A.D.2d 1006, 668 N.Y.S.2d 969, 1997 N.Y. App. Div. LEXIS 12462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pillittere-v-ted-ann-tours-inc-nyappdiv-1997.

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