Smilow v. General Motors Co.

Order, Supreme Court, New York County (Burton S. Sherman, J.), entered May 1, 1990, which granted defendant’s motion pursuant to CPLR 510 (3) to transfer venue of this action from New York County to Sullivan County, unanimously affirmed, with costs.

We agree with the IAS court that based upon the fact that the automobile accident occurred in Sullivan County, the *238residences of the material witnessed, and the Trial Calendars of the respective counties, this action should be tried in Sullivan County. While plaintiffs’ medical condition is a pertinent consideration on this motion, under the…