Marinelli v. Wimmer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rothenberg, J.), dated March 12, 2015, as denied his cross motion pursuant to CPLR 3217 (b) for leave to discontinue the action without prejudice.
Ordered that the order is affirmed insofar as appealed from, with costs.
After the plaintiff commenced this action in the Supreme Court, Kangs County, the defendants moved to change venue to Suffolk County, contending that Kings County was an improper venue. The plaintiff then cross-moved…
2Cases cited8 opinions
- Tucker v. TuckerNew York Court of Appeals · 1982
- Kaplan v. Village of OssiningAppellate Division of the Supreme Court of the State of New York · 2006
- Jamaica Hospital Medical Center, Inc. v. Oxford Health Plans (NY), Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Baez v. Parkway Mobile Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- DuBray v. Warner Bros. Records, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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