Shedrick v. Asplundh Tree Expert Co.

Appellate Division of the Supreme Court of New York

Shedrick v. Asplundh Tree Expert Co.

278 A.D.2d 49, 717 N.Y.S.2d 559, 2000 N.Y. App. Div. LEXIS 13078

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

DecidedDecember 12, 2000

StatusPublished

This text of 278 A.D.2d 49 (Shedrick v. Asplundh Tree Expert Co.) 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

Shedrick v. Asplundh Tree Expert Co., 278 A.D.2d 49, 717 N.Y.S.2d 559, 2000 N.Y. App. Div. LEXIS 13078 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered January 21, 2000, which denied defendants’ motion to change the venue of this action to Suffolk County, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.

CPLR 510 (3) provides for a discretionary change of venue where “the convenience of material witnesses and the ends of justice will be promoted by the change.” (See, Boral v Clarkson Univ., 270 AD2d 776; O’Brien v Vassar Bros. Hosp., 207 AD2d 169.)

In the matter before us, it is undisputed that the accident, which involved a car owned by plaintiff Jeannette W. Shedrick and operated by plaintiff John W. Shedrick with a truck owned by defendant Asplundh Tree Expert Co. and driven by defendant Richard W. Ellensohn, occurred in Brentwood, Suffolk County; that plaintiffs and Ellensohn reside in Suffolk County; that plaintiffs were treated at hospitals in that County; that the Suffolk County Police Department responded to and investigated the accident; and that plaintiffs’ treating physicians, physical therapists and other, delineated potential expert witnesses all maintain Suffolk County addresses. Indeed, the only connection whatsoever that this action has with New York County is that Asplundh, a Pennsylvania corporation, designated a New York County address with the Secretary of State for the purpose of service of process. We, therefore, conclude that the convenience of the witnesses would best be served but [50]*50that the balance of factors weighs heavily in favor of placing this action in Suffolk County and that the motion court improvidently exercised its discretion when it denied defendants’ motion (Lloyd v National Propane Corp., 271 AD2d 202; Neos v Crabby Joe’s, 241 AD2d 337). Concur — Nardelli, J. P., Williams, Ellerin, Lerner and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered January 21, 2000, which denied defendants’ motion to change the venue of this action to Suffolk County, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.

CPLR 510 (3) provides for a discretionary change of venue where “the convenience of material witnesses and the ends of justice will be promoted by the change.” (See, Boral v Clarkson Univ., 270 AD2d 776; O’Brien v Vassar Bros. Hosp., 207 AD2d 169.)

In the matter before us, it is undisputed that the accident, which involved a car owned by plaintiff Jeannette W. Shedrick and operated by plaintiff John W. Shedrick with a truck owned by defendant Asplundh Tree Expert Co. and driven by defendant Richard W. Ellensohn, occurred in Brentwood, Suffolk County; that plaintiffs and Ellensohn reside in Suffolk County; that plaintiffs were treated at hospitals in that County; that the Suffolk County Police Department responded to and investigated the accident; and that plaintiffs’ treating physicians, physical therapists and other, delineated potential expert witnesses all maintain Suffolk County addresses. Indeed, the only connection whatsoever that this action has with New York County is that Asplundh, a Pennsylvania corporation, designated a New York County address with the Secretary of State for the purpose of service of process. We, therefore, conclude that the convenience of the witnesses would best be served but [50]*50that the balance of factors weighs heavily in favor of placing this action in Suffolk County and that the motion court improvidently exercised its discretion when it denied defendants’ motion (Lloyd v National Propane Corp., 271 AD2d 202; Neos v Crabby Joe’s, 241 AD2d 337). Concur — Nardelli, J. P., Williams, Ellerin, Lerner and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

278 A.D.2d 49, 717 N.Y.S.2d 559, 2000 N.Y. App. Div. LEXIS 13078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shedrick-v-asplundh-tree-expert-co-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack