Appellate Division of the Supreme Court of New York, 1996

Abulhasan v. Uniroyal-Goodrich Tire Co.

Abulhasan v. Uniroyal-Goodrich Tire Co.
Appellate Division of the Supreme Court of New York · Decided October 8, 1996
232 A.D.2d 219; 648 N.Y.S.2d 26; 1996 N.Y. App. Div. LEXIS 9976
Abulhasan v. Uniroyal-Goodrich Tire Co.

Opinion of the Court

—Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered April 21, 1995, which granted .defendant-respondent’s motion to change venue from Bronx County to Essex County, unanimously affirmed, without costs.

The IAS Court did not improvidently exercise its discretion under CPLR 510 (3) in transferring the venue of this action to Essex County, where the accident occurred, most of the material nonparty witnesses work or reside and most of the police and medical records are located. These factors outweigh favoring Bronx County in consideration of the convenience of plaintiff’s family members and doctors (Toro v Gracin, 148 AD2d 364; Esser v Ciarmella, 203 AD2d 159). Concur—Rosenberger, J. P., Ellerin, Williams, Mazzarelli and Andrias, JJ.

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