Clinton v. Griffin
Opinion of the Court
— Order, Supreme Court, Bronx County (Bertram Katz, J.), entered March 27, 1991, which granted defendant’s motion to change the place of trial of this action from Bronx County to New York County pursuant to CPLR 510 (3) and order of the same court and Justice, entered May 15, 1991, which denied plaintiff’s motion to reargue and renew, unanimously affirmed, without costs.
This is a medical malpractice action alleging defendant gastroenterologist failed to diagnose decedent’s colon cancer in May 1987-January 1988, causing decedent’s death in August 1988. Decedent and plaintiff had, in 1986, moved from New York County to Bronx County upon the birth of their son and venue was based upon such residency of plaintiff. Defendant’s medical treatment of decedent occurred entirely in New York County, as did all other material medical treatment of decedent in his final illness. Decedent’s mother and employer, who are likely to be material non-party witnesses, reside and/or are located in New York County.
In these circumstances, there was no abuse of discretion in
Case-law data current through December 31, 2025. Source: CourtListener bulk data.