Moracho v. Open Door Family Medical Center, Inc.

Saxe and Nardelli JJ.

dissent in a memorandum by Nardelli, J., as follows: The motion court properly exercised its authority and discretion when it granted defendants’ motion to change venue to Westchester County, once the court dismissed the action as against the sole defendant whose residence was the basis for setting venue here. The majority’s reversal of that order, thereby requiring the trial to be held in New York County, constitutes an undue interference with the motion court’s discretion. I therefore respectfully dissent.

When this action was commenced, one of the parties, Primary Care…