Appellate Division of the Supreme Court of New York, 1998

Palla v. Doctors Hospital of Staten Island, Inc.

Appellate Division of the Supreme Court of New York · Decided March 23, 1998 · Altman, Joy, Luciano, Rosenblatt, Sullivan

248 A.D.2d 603; 669 N.Y.S.2d 940; 1998 N.Y. App. Div. LEXIS 2892

Cases that cite this one

3 later published cases cite this decision.

Brash v. Richards (Appellate Division of the Supreme Court of New York 2011)
Carobert v. Baldor Electric Co. (Appellate Division of the Supreme Court of New York 2013)
Carobert v. Baldor Electric Co. (Appellate Division of the Supreme Court of New York 2013)

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

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated February 26, 1997, which granted the defendants’ motion to change venue from Kings County to Richmond County.

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 [1]) was untimely (see, CPLR 511 [b]). Therefore, the motion was not *604made as a matter of right, but addressed to the court’s discretion (see, Fitzpatrick v Sullivan, Magee & Sullivan, 49 AD2d 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 AD2d 745).

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.