CEPIN v. Patrick W. Carey, Defendant-Appellant. (1997)

Supreme Court, Appellate Division, First Department, New York.

Dulce CEPIN, Plaintiff-Respondent, v. Juan C. HERNANDEZ, et al., Defendants-Respondents, Patrick W. Carey, Defendant-Appellant.

Decided: December 23, 1997

Before MURPHY, P.J., and MILONAS, WALLACH, RUBIN and MAZZARELLI, JJ.

Martin Diennor, for Plaintiff-Respondent. Tod S. Fichtelberg, for Defendant-Appellant.

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered April 16, 1997, which denied defendant Carey's motion for a change of venue from New York County to Orleans County, unanimously affirmed, without costs.

The court properly exercised its discretion in denying defendant's motion to change venue from New York to Orleans County in light of the fact that the plaintiff and one of the defendants reside in New York County and, furthermore, that the majority of the non-party witnesses, including two eyewitnesses and several physicians who treated plaintiff in New York County and who reside in or near that county, would be inconvenienced by having to travel to a distant county (Schneeweiss v. Pelkey, 138 A.D.2d 271, 525 N.Y.S.2d 846).

We have considered appellant's remaining arguments and find them to be without merit.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network