Legal Opinion

Fernandez v. NYLCare Health Plans, Inc.

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

Decided October 3, 2000PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (George Friedman, J.), entered on or about August 16, 1999, which granted defendants’ motion to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

The change of venue to Westchester County was a proper exercise of discretion once the former co-plaintiff, whose residence was the basis for placing venue in Bronx County, settled *269her claims against defendants, given that Westchester is the residence of the sole remaining plaintiff and the action has no other connections to Bronx County (cf., Tamburro v International Bus.…

2Cases cited4 opinions

  1. Halina Yin Fong Chow v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1994
  2. Emerick v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  3. Tamburro v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Schulz v. New York State LegislatureAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. Appel v. Dumont Masonic Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2008
  2. Haywood v. Grand Concourse RadiologyAppellate Division of the Supreme Court of the State of New York · 2003

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