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Goldberg v. Bivins

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 2002
295 A.D.2d 162 (N.Y. App. Div. 2002)

Summary

affirming the denial of defendant's motion to change venue from New York County to Sullivan County based on the residence of a witness in Sullivan County and medical treatment there

Summary of this case from Berenguer v. Doyle

Opinion

1355N

June 11, 2002.

Order, Supreme Court, New York County (Milton Tingling, J.), entered January 9, 2002, which, in an action for personal injuries sustained when plaintiff was struck by defendant's car in a parking lot in Sullivan County, denied defendant's motion pursuant to CPLR 510(3) to change venue from New York County to Sullivan County, unanimously affirmed, without costs.

JAMIE C. ROSENBERG, for Plaintiff-respondent.

RICHARD A. GLICKEL, for Defendant-appellant.

Andrias, J.P., Rosenberger, Wallach, Rubin, Gonzalez, JJ.


The motion was properly denied since defendant's initial papers in support thereof do not identify a single witness who would be inconvenienced by having to travel to New York County. The requested change of venue is grounded upon a police accident report listing a witness who resides in Liberty, Sullivan County and the fact that plaintiff received medical treatment in Sullivan County; these factors alone are insufficient (see, Iassinski v. Vassiliev, 220 A.D.2d 372, 372-373). In any event, were we to consider the witness names and description of anticipated testimony first appearing in defendant's reply papers ( but see, Barbot v. Nagabushana, 235 A.D.2d 289 ), we would also find such insufficient since, among other things, there is no indication that the witnesses were ever contacted (see, Carrozza v. Galeria Mall, 292 A.D.2d 279, 739 N.Y.S.2d 153, 2002 N.Y. App. Div. LEXIS 3156).

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


Summaries of

Goldberg v. Bivins

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 2002
295 A.D.2d 162 (N.Y. App. Div. 2002)

affirming the denial of defendant's motion to change venue from New York County to Sullivan County based on the residence of a witness in Sullivan County and medical treatment there

Summary of this case from Berenguer v. Doyle
Case details for

Goldberg v. Bivins

Case Details

Full title:DAVID GOLDBERG, PLAINTIFF-RESPONDENT, v. JUDITH M. BIVINS…

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

Date published: Jun 11, 2002

Citations

295 A.D.2d 162 (N.Y. App. Div. 2002)
744 N.Y.S.2d 119

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