Costello v. Forbes

—Appeals from an order of Supreme Court, Erie County (Howe, J.), entered May 16, 2001, which denied defendants’ motions seeking to change venue and granted plaintiffs cross motion seeking to dismiss the affirmative defenses of improper venue.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are granted and the cross motion is denied.

Memorandum: Supreme Court improvidently exercised its discretion in denying defendants’ motions pursuant to CPLR 510 (3) seeking to change the venue of this medical…