From Casetext: Smarter Legal Research

Palla v. Doctors Hospital of Staten Is., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 603 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the Supreme Court, Kings County (Bellard, J.).


Ordered that the order is affirmed, with costs.

The defendants' motion to change venue on the ground that Kings County was not a proper county (see, CPLR 510) was untimely (see, CPLR 511 [b]). Therefore, the motion was not made as a matter of right, but addressed to the court's discretion (see, Fitzpatrick v. Sullivan, Magee Sullivan, 49 A.D.2d 902). Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in granting the motion (see, Naples v. Daubert Chem. Co., 93 A.D.2d 745).

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Palla v. Doctors Hospital of Staten Is., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 603 (N.Y. App. Div. 1998)
Case details for

Palla v. Doctors Hospital of Staten Is., Inc.

Case Details

Full title:ELAINE PALLA et al., Appellants, v. DOCTORS HOSPITAL OF STATEN ISLAND…

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

Date published: Mar 23, 1998

Citations

248 A.D.2d 603 (N.Y. App. Div. 1998)
669 N.Y.S.2d 940

Citing Cases

Brash v. Richards

A demand to change venue based on the designation of an improper county ( see CPLR 510[1] ) “shall be served…

Brash v. Richards

A demand to change venue based on the designation of an improper county (see CPLR 510[1]) "shall be served…