Markowitz v. Makura, Inc.
Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Johnson, J.), dated February 17, 2005, as, upon renewal, adhered to a prior determination in an order dated February 26, 2004 denying its motion pursuant to CPLR 510 (3) to transfer venue from Kings County to Albany County.
Ordered that order dated February 17, 2005 is affirmed insofar as appealed from, with costs.
The submissions made by the defendant in support of renewal did not require a result different from that reached by the court in connection with the initial motion (see CPLR 2221 [e] [2]; R.R. Ragette, Inc. v D’Incecco, 17 AD3d 436, 437 [2005]; Velez v Institute of Design & Constr., Inc., 11 AD3d 453, 454 [2004]). Therefore, upon renewal, the Supreme Court properly adhered to its prior determination denying the defendant’s motion to transfer venue.
The defendant’s contention that a fair trial may not be had in Kings County in this personal injury action merely because the injured plaintiff is a public official elected by the voters of Kings County is without merit (cf. Silver v Pataki, 179 Misc 2d 315, 322 [1999], revd 274 AD2d 57 [2000], mod 96 NY2d 532 [2001]). The Supreme Court correctly determined, moreover, that the defendant failed to make the requisite showing that either the convenience of witnesses or the interests of justice warranted the transfer of venue from Kings County to Albany County (see
Case-law data current through December 31, 2025. Source: CourtListener bulk data.