Stainbrook v. Colleges of the Senecas

Appeal from an order of the Supreme Court (Henry, Jr., J.), entered August 1, 1996 in Albany County, which denied defendant’s motion for a change of venue.

On or about January 8, 1994 while a student at William Smith College in Ontario County, plaintiff was assaulted and raped in her dormitory room by a student from Hobart College. In April 1996, plaintiff commenced this action in Albany County against defendant. Following joinder of issue, defendant moved pursuant to CPLR 510 (3) to change venue from Albany County to Ontario County. Supreme Court denied the motion and defendant appeals.

We…