WEISS v. KLEIN (1999)

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

Moshe WEISS, et al., appellants, v. Arnold KLEIN, et al., respondents.

Decided: April 05, 1999

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN and LEO F. McGINITY, JJ.

Gladstein & Isaac, New York, N.Y. (Allen H. Isaac and Brian J. Isaac of counsel), for appellants.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Garson J.), dated January 28, 1998, which granted the motion of the defendants for a change of the venue of the action from Kings County to Orange County.

ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the Clerk of the Supreme Court, Orange County, is directed to transfer the file in the action to the Clerk of the Supreme Court, Kings County.

The Supreme Court incorrectly determined that the defendants demonstrated a sufficient necessity for a change of venue for the convenience of material witnesses, pursuant to CPLR 510(3) (see, Rampe v. Giuliani, 227 A.D.2d 605, 643 N.Y.S.2d 214; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169, 622 N.Y.S.2d 284). Moreover, venue was properly situated in Kings County, since the defendant Herman Klein maintains a residence in Kings County (see, CPLR 503).

MEMORANDUM BY THE COURT.

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Out of date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