Rozhener v. Mann

Appellate Division of the Supreme Court of New York

Rozhener v. Mann

259 A.D.2d 690, 685 N.Y.S.2d 632, 1999 N.Y. App. Div. LEXIS 2857

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

DecidedMarch 22, 1999

StatusPublished

This text of 259 A.D.2d 690 (Rozhener v. Mann) 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

Rozhener v. Mann, 259 A.D.2d 690, 685 N.Y.S.2d 632, 1999 N.Y. App. Div. LEXIS 2857 (N.Y. Ct. App. 1999).

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Opinion

In an action to recover damages for personal injuries, etc., the defendant Domingo Lagares appeals from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated March 23, 1998, as denied his motion for a change of venue in this action from Kings County to Erie County.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court correctly determined that the defendant Domingo Lagares, did not, in his moving papers, demonstrate a sufficient necessity for a change of venue for the convenience of material witnesses pursuant to CPLR 510 (3) (see, Rampe v Guiliani, 227 AD2d 605; O’Brien v Vassar Bros. Hosp., 207 AD2d 169). O’Brien, J. P., Ritter, Joy and Altman, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendant Domingo Lagares appeals from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated March 23, 1998, as denied his motion for a change of venue in this action from Kings County to Erie County.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court correctly determined that the defendant Domingo Lagares, did not, in his moving papers, demonstrate a sufficient necessity for a change of venue for the convenience of material witnesses pursuant to CPLR 510 (3) (see, Rampe v Guiliani, 227 AD2d 605; O’Brien v Vassar Bros. Hosp., 207 AD2d 169). O’Brien, J. P., Ritter, Joy and Altman, JJ., concur.

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Bluebook (online)

259 A.D.2d 690, 685 N.Y.S.2d 632, 1999 N.Y. App. Div. LEXIS 2857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rozhener-v-mann-nyappdiv-1999.

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