Legal Opinion

Hughes v. Pacienza

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2009Published

1Opinion of the Court

The Supreme Court providently exercised its discretion in granting that branch of the motion of the plaintiff in action No. 1 to transfer venue of that action from Nassau County to Kings County, since action No. 2 was commenced in Kings County prior to the commencement of action No. 1 in Nassau County (see Strasser v Neuringer, 137 AD2d 750, 751 [1988]), and the defendants failed to demonstrate the existence of circumstances which would have warranted transferring venue out of Kings County (see Gonzalez v Jian Ming Zhou, 270 AD2d 387 [2000]; cf. Gomez v Jersey Coast Egg Producers, 186 AD2d…

2Cases cited5 opinions

  1. Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
  2. Strasser v. NeuringerAppellate Division of the Supreme Court of the State of New York · 1988
  3. Gomez v. Jersey Coast Egg Producers, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Hawkins-Bond v. KonefskyAppellate Division of the Supreme Court of the State of New York · 2008
  5. Gonzalez v. Jian Ming ZhouAppellate Division of the Supreme Court of the State of New York · 2000

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