From Casetext: Smarter Legal Research

Lopez v. Chaliwit

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2000
268 A.D.2d 377 (N.Y. App. Div. 2000)

Opinion

January 25, 2000

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 3, 1 999, which, inter alia, granted the cross motion of the Chaliwit defendants to consolidate the two actions and transfer the matter to Westchester County, unanimously affirmed, without costs.

Jack S. Dweck, for Plaintiff-Appellant.

Walter Williamson, William E. Fay, III, Michael N. Romano, and Edward J. Guardaro, Jr., for Defendants-Respondents.

Jack S. Dweck, for Plaintiff-Appellant.

William E. Fay, III, Michael N. Romano, and Edward J. Guardaro, Jr., for Defendants-Respondents.

SULLIVAN, J.P., TOM, MAZZARELLI, WALLACH, RUBIN, JJ.


While it is true that the venue of two actions, initially placed in separate counties, generally lies where the first action was commenced (Bernstein v. Silverman, 228 A.D.2d 325, 326) and plaintiff commenced her first action in the Bronx, CPLR 510 nonetheless authorizes a court to change venue for the convenience of material witnesses and to promote the ends of justice (id.). These criteria were satisfied by defendants' showing that nearly all of the prospective nonparty witnesses are located in Westchester, which was also the site of plaintiff's accident and most of her ensuing medical treatment.

We have considered plaintiff's remaining arguments and find them unavailing.

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


Summaries of

Lopez v. Chaliwit

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 2000
268 A.D.2d 377 (N.Y. App. Div. 2000)
Case details for

Lopez v. Chaliwit

Case Details

Full title:MILDRED LOPEZ, Plaintiff-Appellant, v. Action No. 1 KHALIL CHALIWIT, et…

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

Date published: Jan 25, 2000

Citations

268 A.D.2d 377 (N.Y. App. Div. 2000)
702 N.Y.S.2d 253

Citing Cases

Teitelbaum v. PTR Co.

These two actions arose out of the same partnership agreement, the parties to each possess knowledge and…

Ryan-Avizienis v. Jbew Bar Corp.

JBEW Bar met its initial burden in support of the motion by submitting the affirmation of its counsel, who…