From Casetext: Smarter Legal Research

Brown v. Dawson

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 2009
65 A.D.3d 980 (N.Y. App. Div. 2009)

Opinion

September 29, 2009.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 3, 2008, which, in an action for medical malpractice, denied defendant-appellant's motion to change venue from New York County to Richmond County, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Saxe, Moskowitz, Renwick and Richter, JJ.


Plaintiff properly placed venue in New York County based upon St. Vincent's Hospital and Medical Center's designation of New York County as its corporate residence on its certificate of incorporation ( see CPLR 503 [c]; Krochta v On Time Delivery Serv., Inc., 62 AD3d 579, 580; Velasquez v Delaware Riv. Val. Lease Corp., 18 AD3d 359, 360).

Nor does the record support a discretionary change of venue pursuant to CPLR 510 (3), inasmuch as appellant failed to detail the identity and availability of proposed witnesses, the nature and materiality of the anticipated testimony and the manner in which they would be inconvenienced by the designated venue ( see Parker v Ferraro, 61 AD3d 470).


Summaries of

Brown v. Dawson

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 2009
65 A.D.3d 980 (N.Y. App. Div. 2009)
Case details for

Brown v. Dawson

Case Details

Full title:DOMINIC BROWN et al., Respondents, v. JILL DAWSON et al., Defendants, and…

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

Date published: Sep 29, 2009

Citations

65 A.D.3d 980 (N.Y. App. Div. 2009)
885 N.Y.S.2d 418

Citing Cases

Rosen v. Uptown Gen. Contr

Although a transitory action should generally be brought in the county where the cause of action arose, it is…

JONES v. ROMAN CATHOLIC ARCHDIOCESE OF N.Y.

The defendants have failed to make a sufficient showing for a discretionary change of venue pursuant to CPLR…