Mazo v. NYRAC, Inc.

—In an action to recover damages for personal injuries, etc., the defendant NYRAC, Inc. appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated December 4, 1990, which denied its motion for a change of venue and imposed costs against it "for bringing this * * * motion”.

Ordered that the order is modified, on the law, by deleting the provision thereof imposing costs against NYRAC, Inc.; as so modified, the order is affirmed, without costs or disbursements.

The court did not improvidently exercise its discretion in denying the motion of the defendant NYRAC, Inc. (hereinafter…