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Schoen v. Chase Manhattan Automotive Finance

Appellate Division of the Supreme Court of New York, First Department
Jul 27, 2000
274 A.D.2d 345 (N.Y. App. Div. 2000)

Opinion

July 27, 2000.

Order, Supreme Court, New York County (Joan Madden, J.), entered March 25, 1999, which granted defendant Goldberg's cross-motion to transfer venue to Nassau County, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the cross-motion denied.

James M. Lane, for plaintiff-appellant.

Roy J. Karlin, for defendants-respondents.

Before: Sullivan, P.J., Rosenberger, Williams, Wallach, Friedman, JJ.


The vague and conclusory allegations offered in support of defendant Goldberg's cross-motion were insufficient to warrant a change of venue. We note in this regard that, among other deficiencies, defendant's submissions failed to identify a single non-party witness who has expressed any inconvenience in having to testify in New York County (compare, Lloyd v. National Propane Corp., 271 A.D.2d 202, 706 N.Y.S.2d 34). Nor did defendant indicate the home or work addresses of the various witnesses. Accordingly, Supreme Court erred in granting the cross-motion.

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


Summaries of

Schoen v. Chase Manhattan Automotive Finance

Appellate Division of the Supreme Court of New York, First Department
Jul 27, 2000
274 A.D.2d 345 (N.Y. App. Div. 2000)
Case details for

Schoen v. Chase Manhattan Automotive Finance

Case Details

Full title:MARLENE SCHOEN, ETC., PLAINTIFF-APPELLANT, v. CHASE MANHATTAN AUTOMOTIVE…

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

Date published: Jul 27, 2000

Citations

274 A.D.2d 345 (N.Y. App. Div. 2000)
711 N.Y.S.2d 15

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