Legal Opinion

Amoroso v. Stop & Shop

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 2012Published

1Opinion of the Court

The defendant Stop and Shop (hereinafter the moving defendant) failed to demonstrate that the venue of this action should be changed from Queens County to Nassau County. The moving defendant failed to substantiate its claim that, upon the discontinuance of this action against the defendant Hempstead Turnpike, LLC, none of the parties was a resident of Queens County, since it failed to submit any proof as to its own residence (see generally CPLR 503 [a], [c]; cf. Messiha v Staten Is. Univ. Hosp., 77 AD3d 894, 895 [2010]). Furthermore, the moving defendant failed to demonstrate that venue…

2Cases cited2 opinions

  1. O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Messiha v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 2010

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