Groos v. New York Telephone Company

Full title: PETER GROOS, Appellant, v. NEW YORK TELEPHONE COMPANY et al., Respondents

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

Date published: Jun 15, 1995

216 A.D.2d 103 (N.Y. App. Div. 1995)

628 N.Y.S.2d 104

Opinion

June 15, 1995

Appeal from the Supreme Court, New York County (Carol Huff, J.).

The IAS Court properly exercised its discretion in changing venue to Westchester County, where the cause of action arose, the majority of material witnesses work or reside, the police records are located, and plaintiff received most of his medical treatment ( Toro v. Gracin, 148 A.D.2d 364). Nor was the motion untimely ( supra; compare, Lalka v. Massafra, 167 A.D.2d 265, 266).

Concur — Sullivan, J.P., Ellerin, Asch, Nardelli and Williams, JJ.