Legal Opinion

Sullivan & Donovan, L. L. P. v. Bond

New York Supreme Court

Decided October 7, 1997Published

1Opinion of the Court

OPINION OF THE COURT

George Friedman, J.

Defendant moves to change venue of this Westchester County action to New York County pursuant to CPLR 511 (a), based on a convenience of material witnesses. Plaintiffs cross-move to retain venue in Westchester County. The motion papers are *387silent on one crucial point—why is this motion pending in Supreme Court, Bronx County?

The court surmises that Bronx County has been chosen as the forum for the present motion pursuant to CPLR 2212 (a). That section provides, as is here pertinent, that a contested motion “shall be noticed to be heard in the judicial…

2Cases cited2 opinions

  1. Cwick v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1976
  2. Cordero v. GrantNew York Supreme Court · 1978

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