Legal Opinion

Prado v. Walsh-Atkinson Co.

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

Decided February 28, 1995PublishedCited by 4 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Bertram Katz, J.), entered August 16, 1994, which, insofar as appealed from, denied defendants’ motion for a change of venue from Bronx County to Queens County, unanimously affirmed, without costs.

The requested change of venue was properly denied in the absence of a statement that the witnesses whose convenience defendants espouse were contacted, and indicating the manner in which they would be inconvenienced (see, Soufan v Argo Pneumatic Co., 170 AD2d 289, 290; Molod v Amundsen, 194 AD2d 429). There is no presumption that a witness will be inconvenienced…

2Cases cited3 opinions

  1. Pittman v. MaherAppellate Division of the Supreme Court of the State of New York · 1994
  2. Soufan v. Argo Pneumatic Co.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Molod v. AmundsenAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by4 opinions

  1. Mallory v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1997
  2. Morrison v. LawlerAppellate Division of the Supreme Court of the State of New York · 2002
  3. Colon v. RoebuckAppellate Division of the Supreme Court of the State of New York · 1995
  4. Callan v. LarsenAppellate Division of the Supreme Court of the State of New York · 1996

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