Williams v. Connecticut Limousine, Inc.

Appellate Division of the Supreme Court of New York

Williams v. Connecticut Limousine, Inc.

169 A.D.2d 644, 564 N.Y.S.2d 777, 1991 N.Y. App. Div. LEXIS 585

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

DecidedJanuary 29, 1991

StatusPublished

This text of 169 A.D.2d 644 (Williams v. Connecticut Limousine, Inc.) 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.

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Williams v. Connecticut Limousine, Inc., 169 A.D.2d 644, 564 N.Y.S.2d 777, 1991 N.Y. App. Div. LEXIS 585 (N.Y. Ct. App. 1991).

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Opinion

Order, Supreme Court, Bronx County (Anita Florio, J.), entered March 9, 1990, which denied the defendants’ motion to change venue from Bronx County to Queens County, unanimously affirmed, with costs.

Venue in this personal injury action was properly placed in Bronx County, the residence of one of the defendants when the action was commenced (CPLR 503 [a]). Defendants American Technical Ceramics Corp. and Rubin Plumkin moved to change venue on the ground that the county specified by the plaintiff was improper, but thereafter sought to establish that the convenience of material witnesses warranted the change (CPLR 510 [3]). However, the defendants’ motion papers did not set forth the names and addresses of the nonparty witnesses expected to be called, and the essence of their expected testimony (Weiss v Saks Fifth Ave., 157 AD2d 475). There has accordingly been no demonstration that the Supreme Court abused its discretion in denying the motion (Paddock Constr. v Thomason Indus. Corp., 133 AD2d 20, 22). Concur—Rosenberger, J. P., Ellerin, Wallach, Smith and Rubin, JJ.

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Order, Supreme Court, Bronx County (Anita Florio, J.), entered March 9, 1990, which denied the defendants’ motion to change venue from Bronx County to Queens County, unanimously affirmed, with costs.

Venue in this personal injury action was properly placed in Bronx County, the residence of one of the defendants when the action was commenced (CPLR 503 [a]). Defendants American Technical Ceramics Corp. and Rubin Plumkin moved to change venue on the ground that the county specified by the plaintiff was improper, but thereafter sought to establish that the convenience of material witnesses warranted the change (CPLR 510 [3]). However, the defendants’ motion papers did not set forth the names and addresses of the nonparty witnesses expected to be called, and the essence of their expected testimony (Weiss v Saks Fifth Ave., 157 AD2d 475). There has accordingly been no demonstration that the Supreme Court abused its discretion in denying the motion (Paddock Constr. v Thomason Indus. Corp., 133 AD2d 20, 22). Concur—Rosenberger, J. P., Ellerin, Wallach, Smith and Rubin, JJ.

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Bluebook (online)

169 A.D.2d 644, 564 N.Y.S.2d 777, 1991 N.Y. App. Div. LEXIS 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-connecticut-limousine-inc-nyappdiv-1991.

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