Legal Opinion
Mallory v. Long Island Rail Road
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1997PublishedCited by 7 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated January 31, 1997, which denied its motion pursuant to CPLR 510 (3) to change the venue of the action from Queens County to Suffolk County.
Ordered that the order is affirmed, with costs.
The Supreme Court did not improvidently exercise its discretion in denying the defendant’s motion to change the venue of the action from Queens County to Suffolk County based upon “the convenience of material witnesses” (CPLR 510 [3]). The defendant…
2Cases cited3 opinions
- O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Murphy v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1997
- Prado v. Walsh-Atkinson Co.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by7 opinions
- Jarrett v. BernerAppellate Division of the Supreme Court of the State of New York · 2004
- Romero v. Mitchelltown Apts., Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Small v. Chrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Greenberg v. KruseAppellate Division of the Supreme Court of the State of New York · 2005
- H.M.K. v. Margaret Tietz Center for Nursing Care, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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