Legal Opinion · Dissent
Addo v. Melnick
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 2009Published
1DissentMcGuire, J.
Plaintiff commenced this medical malpractice action in the Bronx on November 22, 2006, predicating the Bronx venue on the assertion in the summons that she resided in the Bronx. Thereafter, defendants moved to change venue to Westchester. In relevant part, plaintiffs affidavit in opposition to the motion asserted as follows: “I now clearly recollect that I moved to New Jersey on November 24, 2006. I know that I moved the Friday after Thanksgiving which would be November 24, 2006.” It is undisputed that the Friday after Thanksgiving that year fell on November 24th.
The majority concludes that…
2Cases cited9 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Michigan National Bank-Oakland v. American Centennial InsuranceNew York Court of Appeals · 1996
- People v. BrownNew York Court of Appeals · 2002
- Branham v. Loews Orpheum Cinemas, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Baje Realty Corp. v. CutlerAppellate Division of the Supreme Court of the State of New York · 2006
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