Legal Opinion
Blaine v. International Business Machines Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2012PublishedCited by 4 opinions
1Opinion of the CourtMcCarthy, J.
We affirm. A trial court’s disposition of a discretionary motion for change of venue will not be disturbed absent an abuse of discretion (see Manchester Tech. v Hansen, 6 AD3d 806, 807 [2004]). To prevail on the motion here, defendant was required to demonstrate a strong possibility that an impartial trial could not be obtained in Broome County (see Matter of Michiel, 48 AD3d 687, 687 [2008]; Cohen v Bernstein, 9 AD3d 573, 574 [2004]; DeBolt v Barbosa, 280 AD2d 821, 824 [2001]). In an ef*1176fort to make such a demonstration, defendant argued that the jury pool contained a large number of…
2Cases cited9 opinions
- People v. SmithNew York Court of Appeals · 1984
- Kline v. Town of GuilderlandAppellate Division of the Supreme Court of the State of New York · 2001
- In re Love CanalAppellate Division of the Supreme Court of the State of New York · 1983
- Manchester Technologies, Inc. v. HansenAppellate Division of the Supreme Court of the State of New York · 2004
- In re the Estate of MichielAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by4 opinions
- Gonzalez v. L'Oreal USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- State of New York v. KonikovAppellate Division of the Supreme Court of the State of New York · 2020
- In re Olympia Office LLCUnited States Bankruptcy Court, E.D. New York · 2017
- Village of Malone v. Stone Mtn. Prime, LLCAppellate Division of the Supreme Court of the State of New York · 2023