← Cases

Hartigan v. Kurian

224 A.D.2d 299 Court N.Y. App. Div. Decision date 1996-02-15 English

Contents

Majority

p. 299
Barbara Hartigan, Respondent, v George Kurian et al., Appellants, et al., Defendant.
[638 NYS2d 33]

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about June 27, 1995, which, inter alia, denied defendants Kurian and Palmer’s motion for a change of venue to Westchester County pursuant to CPLR 510 (3), unanimously affirmed, with costs.

A motion to change venue on the ground of the convenience of witnesses is addressed to the sound discretion of the trial court (see, Pittman v Maher, 202 AD2d 172 , 176). The general statements of several nonparty post-operative treating physicians that it would be more convenient for them to testify in Westchester County, rather than Bronx County, are insufficient to warrant a change of venue (see, Clark v New Rochelle Hosp. Med. Ctr., 170 AD2d 271 ), especially in view of the long delay in making the motion. Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

Cases cited