Appellate Division of the Supreme Court of New York, 2002

Mermelstein v. Kalker

Mermelstein v. Kalker
Appellate Division of the Supreme Court of New York · Decided May 13, 2002
294 A.D.2d 413; 741 N.Y.S.2d 903; 2002 N.Y. App. Div. LEXIS 4893
Mermelstein v. Kalker

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

—In an action to recover damages for personal injuries, the defendants Santiago Texidor, Jr., and National Freight, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (I. Aronin, J.), dated September 4, 2001, as denied their motion to change the venue of the action from Kings County to Orange County.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendants’ motion to change venue based on the convenience of the material witnesses (see CPLR 510 [3]; O’Brien v Vassar Bros. Hosp., 207 AD2d 169). Altman, J.P., Smith, Krausman, McGinity and Cozier, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.