Lopez v. Chaliwit
Cases that cite this one
5 later published cases cite this decision.
- Kochan v. Target Corp. (Appellate Division of the Supreme Court of New York 2018)
- Ressler & Ressler v. Friedman (Appellate Division of the Supreme Court of New York 2015)
- Gentry v. Finnigan (Appellate Division of the Supreme Court of New York 2013)
- Gentry v. Finnigan (Appellate Division of the Supreme Court of New York 2013)
- Teitelbaum v. PTR Co. (Appellate Division of the Supreme Court of New York 2004)
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, Supreme Court, Bronx County (Jerry Crispino, J.), entered March 3, 1999, which, inter alla, granted the cross motion of the Chaliwit defendants to consolidate the two actions and transfer the matter to Westchester County, unanimously affirmed, without costs.
While it is true that the venue of two actions, initially placed in separate counties, generally lies where the first action was commenced (Bernstein v Silverman, 228 AD2d 325, 326) and plaintiff commenced her first action in the Bronx, CPLR 510 nonetheless authorizes a court to change venue for the convenience of material witnesses and to promote the ends of justice (supra). These criteria were satisfied by defendants’ showing that nearly all of the prospective nonparty witnesses are located in Westchester, which was also the site of plaintiff’s accident and most of her ensuing medical treatment.
We have considered plaintiff’s remaining arguments and find them unavailing. Concur—Sullivan, J. P., Tom, Mazzarelli, Wallach and Rubin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.