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Carroll v. American Honda Motor Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 1993
196 A.D.2d 757 (N.Y. App. Div. 1993)

Opinion

September 23, 1993

Appeal from the Supreme Court, New York County (Edward Lehner, J.).


Defendants satisfied their burden of showing that this transitory action should be tried in the county where the accident occurred, and that decision will not be disturbed in the absence of a showing of an abuse of discretion (Paddock Constr. v Thomason Indus. Corp., 133 A.D.2d 20, 22). The paramedic who treated plaintiff at the scene and the fire and police personnel who responded are Westchester County employees and residents whose convenience was properly given priority over that of plaintiff's treating physicians and family members (Quiles v Orsi, 182 A.D.2d 499). Plaintiff's contention that his physical disability presents him with a significant hardship in having to travel to Westchester County is rebutted by statements he made in his application for renewal of his driver's license. Finally, plaintiff's alternative request for a transfer of venue to Queens County was properly denied in light of the fact that his driver's license application lists his address as Nassau County.

Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.


Summaries of

Carroll v. American Honda Motor Co., Inc.

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 1993
196 A.D.2d 757 (N.Y. App. Div. 1993)
Case details for

Carroll v. American Honda Motor Co., Inc.

Case Details

Full title:EDWARD CARROLL, Respondent, v. AMERICAN HONDA MOTOR CO., INC., et al.…

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

Date published: Sep 23, 1993

Citations

196 A.D.2d 757 (N.Y. App. Div. 1993)
602 N.Y.S.2d 12

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