From Casetext: Smarter Legal Research

Fernandez v. Nylcare Health Plans, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 2000
276 A.D.2d 268 (N.Y. App. Div. 2000)

Opinion

October 3, 2000.

Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about August 16, 1999, which granted defendants' motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

Michael Shen, for plaintiff-appellant.

Jonathan Shapiro, for defendants-respondents.

Before: Williams, J.P., Tom, Ellerin, Rubin, Saxe, JJ.


The change of venue to Westchester County was a proper exercise of discretion once the co-plaintiff, whose residence was the basis for placing venue in Bronx County, settled her claims against defendants, given that Westchester is the residence of the sole remaining plaintiff and the action has no other connections to Bronx County (cf., Tamburro v. International Bus. Machs. Corp., 234 A.D.2d 535; Matter of Schulz b New York State Legislature, 252 A.D.2d 717, 718; cf. also, Emerick v. Metropolitan Transp Auth., 272 A.D.2d 150, 708 N.Y.S.2d 612; Halina Yin Fong Chow v. Long Is. R. R., 202 A.D.2d 154).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Fernandez v. Nylcare Health Plans, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 2000
276 A.D.2d 268 (N.Y. App. Div. 2000)
Case details for

Fernandez v. Nylcare Health Plans, Inc.

Case Details

Full title:ARMANDO FERNANDEZ, PLAINTIFF-APPELLANT, v. NYLCARE HEALTH PLANS, INC., ET…

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

Date published: Oct 3, 2000

Citations

276 A.D.2d 268 (N.Y. App. Div. 2000)
714 N.Y.S.2d 198

Citing Cases

Haywood v. Grand Concourse Radiology

Upon completion of disclosure some three years later, plaintiffs discontinued as against Dr. Jacobson, among…

Appel v. Dumont

In an order dated February 9, 2007, the Supreme Court, Kings County, granted the motion of the defendant…