O'Brien v. Vassar Bros. Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
In this appeal, we reaffirm our previous holdings that, in all actions, including those which may be defined as transitory, where venue has been properly designated by the plaintiff based on the residence of either party (see, CPLR 503, 509) a discretionary change of venue should be granted based on the convenience of witnesses (see, CPLR 510 [3]) only after there has been a detailed evidentiary showing that the convenience of nonparty witnesses would in fact be served by the granting of such relief. Such a showing was not made in this case, and we therefore…
2Cases cited74 opinions
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