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Markey v. Brooks Memorial Hospital

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 12, 1974
46 A.D.2d 1010 (N.Y. App. Div. 1974)

Opinion

December 12, 1974

Appeal from the Chautauqua Special Term.

Present — Witmer, J.P., Moule, Cardamone, Goldman and Del Vecchio, JJ.


Order unanimously reversed, with costs, and motion denied without prejudice to renewing the motion in a proper county. Memorandum: Special Term, Chautauqua County, should not have entertained the motion to change venue, on the ground of convenience of witnesses, from Rockland County, in the Ninth Judicial District where plaintiff resides and where the venue of the action was properly laid, to Chautauqua County ( Newell v. Huston, 35 A.D.2d 908; Upstate Tel-Hotel Corp. v. Prospect House Corp., 12 A.D.2d 876; CPLR 2212). In reversing the order granting the relief requested we also note the insufficiency of the papers supporting the application for change of venue ( Radatron, Inc. v. Z.Z. Auto Tel., 30 A.D.2d 760).


Summaries of

Markey v. Brooks Memorial Hospital

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 12, 1974
46 A.D.2d 1010 (N.Y. App. Div. 1974)
Case details for

Markey v. Brooks Memorial Hospital

Case Details

Full title:JOHN P. MARKEY, Individually and as Administrator of the Estate of RHONDA…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 12, 1974

Citations

46 A.D.2d 1010 (N.Y. App. Div. 1974)