Weiss v. Klein

Appellate Division of the Supreme Court of New York

Weiss v. Klein

260 A.D.2d 371, 687 N.Y.S.2d 712, 1999 N.Y. App. Div. LEXIS 3644

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

DecidedApril 5, 1999

StatusPublished

This text of 260 A.D.2d 371 (Weiss v. Klein) 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

Weiss v. Klein, 260 A.D.2d 371, 687 N.Y.S.2d 712, 1999 N.Y. App. Div. LEXIS 3644 (N.Y. Ct. App. 1999).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Garson, J.), dated January 28, 1998, which granted the motion of the defendants for a change of the venue of the action from Kings County to Orange County.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the Clerk of the Supreme Court, Orange County, is directed to transfer the file in the action to the Clerk of the Supreme Court, Kings County.

The Supreme Court incorrectly determined that the defendants demonstrated 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). Moreover, venue was properly situated in Kings County, since the defendant Herman Klein maintains a residence in Kings County (see, CPLR 503). Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Garson, J.), dated January 28, 1998, which granted the motion of the defendants for a change of the venue of the action from Kings County to Orange County.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the Clerk of the Supreme Court, Orange County, is directed to transfer the file in the action to the Clerk of the Supreme Court, Kings County.

The Supreme Court incorrectly determined that the defendants demonstrated 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). Moreover, venue was properly situated in Kings County, since the defendant Herman Klein maintains a residence in Kings County (see, CPLR 503). Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.

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Bluebook (online)

260 A.D.2d 371, 687 N.Y.S.2d 712, 1999 N.Y. App. Div. LEXIS 3644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-klein-nyappdiv-1999.

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