Legal Opinion
Schapiro & Reich v. Fuchsberg
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 1991PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court improvidently exercised its discretion in granting defendant’s motion seeking a change of venue pursuant to CPLR 510 (3) upon the ground that "the convenience of material witnesses and the ends of justice will be promoted by the change”. The affidavits offered by defendant in support of his motion were legally insufficient to support the change of venue from Suffolk County to Westchester County. There is no showing that venue in Suffolk County would cause inconvenience to nonparty material…
2Cases cited3 opinions
- Messinger v. FestaAppellate Division of the Supreme Court of the State of New York · 1983
- D'Argenio v. Monroe Radiological Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1986
- A.M.I. International, Ltd. v. Gary Pool Sales & Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by4 opinions
- O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Cumberbatch v. Gatehouse Motel & RestaurantAppellate Division of the Supreme Court of the State of New York · 1999
- Ament v. Church of Annunciation of ElmaAppellate Division of the Supreme Court of the State of New York · 1998
- Stratton v. DueppengiesserAppellate Division of the Supreme Court of the State of New York · 2001