Zerner v. Supermarkets General Corp.

Appellate Division of the Supreme Court of New York

Zerner v. Supermarkets General Corp.

156 A.D.2d 320, 550 N.Y.S.2d 823, 1989 N.Y. App. Div. LEXIS 16398

Appellate Division of the Supreme Court of the State of New York·Decided December 28, 1989·Published

Opinion

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 8, 1989, which adopted the report of the Special Master and denied defendant’s motion for a change of venue from New York County to Westchester County, unanimously affirmed, without costs.

Upon examination of this record, we conclude that the IAS court did not abuse its discretion in denying defendant’s motion for a change of venue (see, Wecht v Glen Distribs. Co., 112 AD2d 891, 892) and that defendant has failed to make proper and timely application for such relief as a matter of right. (See, CPLR 510 [1]; 511 [b].) Concur—Murphy, P. J., Ross, Milonas, Kassal and Rubin, JJ.

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Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 8, 1989, which adopted the report of the Special Master and denied defendant’s motion for a change of venue from New York County to Westchester County, unanimously affirmed, without costs.

Upon examination of this record, we conclude that the IAS court did not abuse its discretion in denying defendant’s motion for a change of venue (see, Wecht v Glen Distribs. Co., 112 AD2d 891, 892) and that defendant has failed to make proper and timely application for such relief as a matter of right. (See, CPLR 510 [1]; 511 [b].) Concur—Murphy, P. J., Ross, Milonas, Kassal and Rubin, JJ.

Zerner v. Supermarkets General Corp., 156 A.D.2d 320, 550 N.Y.S.2d 823, 1989 N.Y. App. Div. LEXIS 16398 (N.Y. Ct. App. 1989).

Pincite

156 A.D.2d 320 (Zerner v. Supermarkets General Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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