Legal Opinion

Palma v. Burgos

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

Decided February 2, 2017No. 2988N 304022/15Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered March 16, 2016, which denied defendant’s motion to change venue from Bronx County to Rockland County pursuant to CPLR 510 (2), unanimously affirmed, without costs.

The court’s denial of defendant’s motion was a provident exercise of discretion (see Midonick v Peppertree Hill Dev. Corp., 49 AD2d 721 [1st Dept 1975]). Plaintiff is a member of the New York City Council and is Secretary of the Bronx Democratic Committee. These positions held by plaintiff, however, do not justify an inference that a fair trial cannot be held…

2Cases cited3 opinions

  1. Arkwright v. SteinbuglerAppellate Division of the Supreme Court of the State of New York · 1954
  2. Rothwax v. Spice-handlerAppellate Division of the Supreme Court of the State of New York · 1990
  3. Midonick v. Peppertree Hill DevelOpment Corp.Appellate Division of the Supreme Court of the State of New York · 1975

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