Commissioners of State Insurance Fund v. Hoyt

This is a motion for a change of venue pursuant to CPLR 510 and 511 on the ground that the convenience of material witnesses and the ends of justice will be promoted.

The action was instituted in Civil Court of the City of New York, County of New York. Defendant Hoyt moves to change the venue from the Civil Court of the City of New York to Supreme Court, County of Franklin.

The defendant, Hoyt, proceeds on the theory that the court has jurisdiction and that the motion was properly brought in Supreme Court, County of Clinton, Fourth Judicial District, State of New York. The plaintiff contends…