From Casetext: Smarter Legal Research

Decker v. St. Vincent's Med. Ctr. of Richmond

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 622 (N.Y. App. Div. 1988)

Opinion

November 28, 1988

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


Ordered that the order is affirmed, with one bill of costs.

Venue motions are directed to the discretion of the trial court. Under the circumstances presented here, we find no improvident exercise of discretion in the granting of the motion to change venue from Kings County to Richmond County. The record, including newly discovered evidence, supports the claim that the plaintiff did not reside in Kings County, which is the only connection Kings County might have had with this action. The defendant Urs was not guilty of laches in making this motion. Additionally, under the facts herein, the doctrine of law of the case did not preclude the Supreme Court from granting a change of venue (see, Foley v. Roche, 86 A.D.2d 887). Bracken, J.P., Eiber, Spatt and Sullivan, JJ., concur.


Summaries of

Decker v. St. Vincent's Med. Ctr. of Richmond

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 622 (N.Y. App. Div. 1988)
Case details for

Decker v. St. Vincent's Med. Ctr. of Richmond

Case Details

Full title:WAYNE DECKER, Appellant, v. ST. VINCENT'S MEDICAL CENTER OF RICHMOND et…

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

Date published: Nov 28, 1988

Citations

144 A.D.2d 622 (N.Y. App. Div. 1988)