Legal Opinion
Beardsley v. Wyoming County Community Hospital
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1973PublishedCited by 9 opinions
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: Since all the parties reside in Wyoming County and the injury to the infant plaintiff occurred there, that is the proper place for the trial. Plaintiffs brought the action in Erie County. Although defendant County Hospital had the right under CPLR 504 to have venue transferred to Wyoming County, it failed to move to enforce that right. The individual defendants served timely demand on plaintiffs for change of venue to Wyoming County, but they failed to move under CPLR 510 (subd. 1) and CPLR 511 (subd. [b]) within 15 days thereafter,…
2Cases cited3 opinions
- Goldfeder v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1919
- Vitti v. CaseAppellate Division of the Supreme Court of the State of New York · 1955
- Purcell v. WTRY Broadcasting Corp.New York Supreme Court · 1964
3Cited by9 opinions
- Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
- Pittman v. MaherAppellate Division of the Supreme Court of the State of New York · 1994
- Philogene v. Fuller Auto LeasingAppellate Division of the Supreme Court of the State of New York · 1990
- Wecht v. Glen Distributors Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Hoyt v. Le BelAppellate Division of the Supreme Court of the State of New York · 1986
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