DeBolt v. Barbosa
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Carpinello, J.
Appeal from an order of the Supreme Court (Canfield, J.), entered May 1, 2000 in Rensselaer County, which granted defendants’ motion for a change of venue.
*822While CPLR 510 (2) authorizes a court, in its discretion, to grant a motion for a change of venue where “there is reason to believe that an impartial trial cannot be had in the proper county,” it is essential that sufficient facts to support such belief appear in the motion papers before that discretion can be exercised (see, Noonan v Luther, 128 App Div 673; Althiser v Richmondville Creamery Co., 27 Misc 2d 456, affd 13 AD2d…
2Cases cited19 opinions
- People v. SmithNew York Court of Appeals · 1984
- People v. ParkerNew York Court of Appeals · 1983
- Krupka v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1990
- Albanese v. West Nassau Mental Health CenterAppellate Division of the Supreme Court of the State of New York · 1994
- Noonan v. LutherAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by7 opinions
- Urbonowicz v. YarinskyAppellate Division of the Supreme Court of the State of New York · 2002
- Behrins & Behrins v. ChanAppellate Division of the Supreme Court of the State of New York · 2007
- Cohen v. BernsteinAppellate Division of the Supreme Court of the State of New York · 2004
- Blaine v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Mikul v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2006
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