Legal Opinion

McAdoo v. Levinson

Appellate Division of the Supreme Court of the State of New York

Decided October 17, 1988PublishedCited by 21 opinions

1Opinion of the Court

In consolidated actions to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (Ramirez, J.), dated May 22, 1987, which granted a motion by the defendants Elias Levinson and Irma Levinson to change venue of the action to Ulster County.

Ordered that the order is affirmed, with one bill of costs.

The joinder of the Town of Rochester as a third-party defendant resulted in a conflict between the venue provisions of CPLR 503 (a) and 504 (2). Despite the apparent mandatory tone of CPLR 504 (2) which requires that an action against a town…

2Cases cited10 opinions

  1. Messinger v. FestaAppellate Division of the Supreme Court of the State of New York · 1983
  2. Thomas v. SmallAppellate Division of the Supreme Court of the State of New York · 1986
  3. Strasser v. NeuringerAppellate Division of the Supreme Court of the State of New York · 1988
  4. T T Enterprises v. GralnickAppellate Division of the Supreme Court of the State of New York · 1987
  5. Haroian v. NusbaumAppellate Division of the Supreme Court of the State of New York · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Frankel v. StavskyAppellate Division of the Supreme Court of the State of New York · 2007
  3. Mei Ying Wu v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Weisemann v. DavisonAppellate Division of the Supreme Court of the State of New York · 1990
  5. Rampe v. GiulianiAppellate Division of the Supreme Court of the State of New York · 1996

16 more not listed; retrieve them via the Exa API.

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