DiPalma v. Long Island Rail Road
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about October 16, 1991, which denied defendant’s motion for a change of venue, to Suffolk County, unanimously affirmed, without costs.
There being no dispute that venue was properly placed in New York County at the time the action was commenced (CPLR 505 [a]; 503 [c]; Noonan v Long Is. R. R., 158 AD2d 392, 393), defendant’s motion can only be based upon the convenience of material witnesses and the ends of justice (CPLR 510 *594[3]). Such a motion must be supported by an affidavit that specifies the names and addresses of…
2Cases cited2 opinions
- Noonan v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1990
- Dashman v. Really Useful Theatre Co.Appellate Division of the Supreme Court of the State of New York · 1990
3Cited by1 opinion
- Fernandes v. F.N. Projects, Inc.Appellate Division of the Supreme Court of the State of New York · 1995