Wachunas v. Demas

Appellate Division of the Supreme Court of New York

Wachunas v. Demas

43 A.D.2d 979, 352 N.Y.S.2d 505, 1974 N.Y. App. Div. LEXIS 5722

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

DecidedFebruary 19, 1974

StatusPublished

Cited by1 cases

This text of 43 A.D.2d 979 (Wachunas v. Demas) 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

Wachunas v. Demas, 43 A.D.2d 979, 352 N.Y.S.2d 505, 1974 N.Y. App. Div. LEXIS 5722 (N.Y. Ct. App. 1974).

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Opinion

In a negligence action to recover damages for death of .plaintiff’s horse, plaintiff appeals from an order of the Supreme Court, Westchester County, entered July 18, 1973, which granted a motion by defendant Yonkers Raceway, Inc. to change the venue of the action from Saratoga County to Westchester County. Order reversed, with $20 costs and disbursements, and motion denied, with leave to respondent to renew the motion in a proper county. An application for á change of venue for the convenience of witnesses and in the interests' of justice should be made in the county where the action is triable as designated by plaintiff or in one of the.alternate counties permitted by CPLR 2212 (subd. [a]). Upon the renewed motion, if made, the papers submitted in the movant’s behalf [980]*980should provide more detailed information in support of the relief requested. Gulotta, P. J., Hopkins, Martuscello, Latham and Brennan, JJ., concur.

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In a negligence action to recover damages for death of .plaintiff’s horse, plaintiff appeals from an order of the Supreme Court, Westchester County, entered July 18, 1973, which granted a motion by defendant Yonkers Raceway, Inc. to change the venue of the action from Saratoga County to Westchester County. Order reversed, with $20 costs and disbursements, and motion denied, with leave to respondent to renew the motion in a proper county. An application for á change of venue for the convenience of witnesses and in the interests' of justice should be made in the county where the action is triable as designated by plaintiff or in one of the.alternate counties permitted by CPLR 2212 (subd. [a]). Upon the renewed motion, if made, the papers submitted in the movant’s behalf [980]*980should provide more detailed information in support of the relief requested. Gulotta, P. J., Hopkins, Martuscello, Latham and Brennan, JJ., concur.

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Bluebook (online)

43 A.D.2d 979, 352 N.Y.S.2d 505, 1974 N.Y. App. Div. LEXIS 5722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wachunas-v-demas-nyappdiv-1974.

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