Legal Opinion

Barbot v. Nagabushana

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1997PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered July 8, 1996, which denied defendant’s motion to change the venue of this medical malpractice action from Bronx County to Steuben County or Allegany County, unanimously affirmed, with costs.

The motion, insofar as it is based on the convenience of material witnesses, was properly denied because it was initially unsupported by the identification of any nonparty witness who would be inconvenienced by travel to the Bronx (see, Jansen v Bernhang, 149 AD2d 468, 469). This initial deficiency was not saved by statements made in…

2Cases cited2 opinions

  1. Azzopardi v. American Blower Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Jansen v. BernhangAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by4 opinions

  1. Marko v. Culinary Institute of AmericaAppellate Division of the Supreme Court of the State of New York · 1997
  2. Root v. BrotmannAppellate Division of the Supreme Court of the State of New York · 2007
  3. Goldberg v. BivinsAppellate Division of the Supreme Court of the State of New York · 2002
  4. Joseph v. AgnantAppellate Division of the Supreme Court of the State of New York · 1999

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