Karassik v. Bereskin

Full title: PAUL KARASSIK, Doing Business as SPRING VALLEY MONUMENT COMPANY…

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

Date published: Sep 20, 1976

54 A.D.2d 557 (N.Y. App. Div. 1976)

Opinion

September 20, 1976

In an action inter alia for goods sold and delivered, defendant appeals from an order of the Supreme Court, Rockland County, entered March 16, 1976, which denied her motion for a change of venue from Rockland County to Oneida County. Order affirmed, without costs or disbursements. The order appealed from constituted a proper exercise of discretion.

Latham, Cohalan and Hawkins, JJ., concur; Gulotta, P.J., and Hopkins, J., dissent and vote to reverse the order and grant the motion, with the following memorandum:

Special Term failed to give sufficient weight to defendant's physical disability (see Kiamesha Concord v Greenman, 29 A.D.2d 904; Goldman v Isgood Stottville Realty Corp., 14 A.D.2d 759; Foley v Phelps, 257 App. Div. 896) and gave excessive weight to the convenience of plaintiff's nonresident witnesses (see Taller Cooper v Rand, 286 App. Div. 1096; Geneva Trust Co. v Boston Maine R.R., 212 App. Div. 695).