Pillittere v. Ted & Ann Tours, Inc.
Cases that cite this one
3 later published cases cite this decision.
- Davis v. Firman (Appellate Division of the Supreme Court of New York 2008)
- Roth v. Meyer (Appellate Division of the Supreme Court of New York 1998)
- Cintas Corp. v. Pontiac-Honda (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court did not improvidently exercise its discretion in denying the motion of SS. Peter and Paul Roman Catholic Church Society of Depew and Diocese of Buffalo (defendants) for a change of venue from Niagara County to Erie County. Venue was properly designated in Niagara County by plaintiffs (see, CPLR 503 [a]), and defendants did not make the required detailed evidentiary showing that “the convenience of material witnesses and the ends of justice will be promoted by the change” (CPLR 510 [3]; see, O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 172-173). Significantly, defendants presented no proof that a trial in Niagara County will inconvenience defense witnesses. Thus, we reject defendants’ contention that, because this is a transitory action, venue should be in Erie County where the cause of action arose (see, O’Brien v Vassar Bros. Hosp., supra, at 173-174; Clinton v Griffin, 176 AD2d 501, 502). (Appeal from Order of Supreme Court, Niagara County, Joslin, J.—Change of Venue.) Present—Pine, J. P., Hayes, Wisner, Boehm and Fallon, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.