Callesto v. Williams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: Special Term did not abuse its discretion in granting plaintiff’s motion to change the venue of this action from Wyoming County to Erie County. Since the action was commenced, plaintiff has moved to Erie County, the defendant doctors have moved out of State and plaintiff has discontinued the action against the Wyoming County defendants. Moreover, plaintiff and his counsel have established by affidavits that the convenience of nonparty witnesses and the ends of justice would be promoted by the proposed change (see CPLR 510, subd 3;…
2Cases cited1 opinion
- Hurlbut v. WhalenAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by1 opinion
- Lucarello v. New York Zoological SocietyAppellate Division of the Supreme Court of the State of New York · 1995