Swainson v. Clee

Appellate Division of the Supreme Court of New York

Swainson v. Clee

261 A.D.2d 301, 693 N.Y.S.2d 848, 1999 N.Y. App. Div. LEXIS 5746

Appellate Division of the Supreme Court of the State of New York·Decided May 25, 1999·Published·Cited by 6 cases

Opinion

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about June 12, 1998, which, inter alia, denied defendant’s motion to transfer venue to Westchester County pursuant to CPLR 504 (1), unanimously affirmed, without costs.

The IAS Court properly denied defendant’s motion to transfer venue to Westchester County pursuant to CPLR 504 (1), since that statute exists for the benefit of a county or other governmental entity named as a defendant and not for the benefit of an individual litigant such as defendant (see, Forteau v County of Westchester, 196 AD2d 440). Westchester County is not a party to this action. Concur — Ellerin, P. J., Rosenberger, Williams, Andrias and Saxe, JJ.

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—Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about June 12, 1998, which, inter alia, denied defendant’s motion to transfer venue to Westchester County pursuant to CPLR 504 (1), unanimously affirmed, without costs.

The IAS Court properly denied defendant’s motion to transfer venue to Westchester County pursuant to CPLR 504 (1), since that statute exists for the benefit of a county or other governmental entity named as a defendant and not for the benefit of an individual litigant such as defendant (see, Forteau v County of Westchester, 196 AD2d 440). Westchester County is not a party to this action. Concur — Ellerin, P. J., Rosenberger, Williams, Andrias and Saxe, JJ.

Swainson v. Clee, 261 A.D.2d 301, 693 N.Y.S.2d 848, 1999 N.Y. App. Div. LEXIS 5746 (N.Y. Ct. App. 1999).

Pincite

261 A.D.2d 301 (Swainson v. Clee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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