Appellate Division of the Supreme Court of New York, 2000

Mena v. Four Wheels Co.

Mena v. Four Wheels Co.
Appellate Division of the Supreme Court of New York · Decided May 23, 2000
272 A.D.2d 223; 708 N.Y.S.2d 74; 2000 N.Y. App. Div. LEXIS 5910
Mena v. Four Wheels Co.

Opinion of the Court

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 13, 1999, which denied defendants’ motion for a change of venue from New York County to Suffolk County, unanimously affirmed, without costs.

The motion was properly denied in the absence of a plausible explanation for not having made it until a year after the action was commenced, and also after the note of issue had been filed (see, CPLR 511 [a]). Defendants’ showing of the inconvenience to two witnesses, residents of eastern Nassau and western Suffolk Counties, in having to travel to downtown New York instead of Riverhead, is not sufficiently compelling to counter the unreasonable delay in making the motion. Concur — Rosenberger, J. P., Williams, Mazzarelli, Rubin and Friedman, JJ.

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