From Casetext: Smarter Legal Research

Avery v. Williams

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 271 (N.Y. App. Div. 1997)

Summary

In Avery v. Williams, 244 A.D.2d 271 (1st Dept., 1997) the court held that a motion to change venue was properly granted where, as here, the accident did not occur in the county where the action was brought; none of the parties resided in the county where the action was brought; and there was no claim that any of the witnesses lived there or that plaintiff received any medical treatment there.

Summary of this case from Werner v. Treeline 400 GCP, LLC

Opinion

November 20, 1997

Appeal from the Supreme Court, Bronx County (Howard Silver, J.).


Plaintiffs are aggrieved parties since the venue they designated, and expressly sought to retain on the cross motions, was displaced. On the merits, the IAS Court properly transferred the matter to Kings County, the action having no nexus to Bronx County whatsoever. The accident occurred in Brooklyn, none of the parties reside in the Bronx, and there is no claim that any of the witnesses live in the Bronx or that plaintiffs received any medical treatment there.

Concur — Sullivan, J.P., Williams, Mazzarelli, Andrias and Colabella, JJ.


Summaries of

Avery v. Williams

Appellate Division of the Supreme Court of New York, First Department
Nov 20, 1997
244 A.D.2d 271 (N.Y. App. Div. 1997)

In Avery v. Williams, 244 A.D.2d 271 (1st Dept., 1997) the court held that a motion to change venue was properly granted where, as here, the accident did not occur in the county where the action was brought; none of the parties resided in the county where the action was brought; and there was no claim that any of the witnesses lived there or that plaintiff received any medical treatment there.

Summary of this case from Werner v. Treeline 400 GCP, LLC
Case details for

Avery v. Williams

Case Details

Full title:CAROL AVERY et al., Appellants, v. HAROLD WILLIAMS et al., Respondents…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 20, 1997

Citations

244 A.D.2d 271 (N.Y. App. Div. 1997)
664 N.Y.S.2d 294

Citing Cases

Werner v. Treeline 400 GCP, LLC

Because the court has dismissed the complaint as against Otis, the motion to change the venue of this action…

Jackson v. Congregational Church of Patchogue

All witnesses except plaintiff live or work in Suffolk County, and the permanency of even his recent New York…