Legal Opinion
Bensaull v. Estates
New York Supreme Court
Decided October 4, 1984PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin B. Stecher, J.
The defendant is a partnership and moves to change venue in this personal injury action from New York County to Queens County where the plaintiff resides and the accident is alleged to have taken place. The original motion was made pursuant to CPLR 511 and is based on the allegation that New York County is not a proper county for venue in that none of the parties “resides” in New York County. The application is not made under any theory of substantial justice or convenience (CPLR 510 [3]).
CPLR 503 (d) provides in pertinent part that “[a] partnership *…
2Cases cited2 opinions
- Edwards v. LambertaAppellate Division of the Supreme Court of the State of New York · 1973
- Levin v. Total Hockey AssociatesAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by4 opinions
- Propoco, Inc. v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1990
- Somer & Wand v. RotondiAppellate Division of the Supreme Court of the State of New York · 1996
- Mid Valley Discount Mall Associates v. Credit Alliance Corp.New York Supreme Court · 1988
- Wolpo v. Sunrise Mall AssociatesAppellate Division of the Supreme Court of the State of New York · 1994