Simon v. Usher

Upon remittitur from the Court of Appeals (17 NY3d 625 [2011]), order, Supreme Court, Bronx County (Mary BriganttiHughes, J.), entered October 27, 2009, which, in a medical malpractice action, granted the motion of the Usher defendants and defendants Chait, Hartsdale Medical Group, EC., and White Plains Hospital Center to change venue from Bronx County to Westchester County, unanimously affirmed, without costs.

The motion to change venue was properly granted upon the grounds that, except for defendants Usher and Usher, M.D., EC., all of the defendants and plaintiffs reside in Westchester…