Argueta v. Harding Thornton, Inc.

Full title: EDWIN ARGUETA, an Infant, by LYDIA CANALES, His Mother and Natural…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 26, 1993

197 A.D.2d 469 (N.Y. App. Div. 1993)

603 N.Y.S.2d 4

Opinion

October 26, 1993

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).

Given numerous Nassau County connections, and that the only connection to Bronx County is that one of the defendants, a former owner of the building in Nassau County that allegedly contaminated plaintiff, happens to reside there, it appears that a change of venue would be warranted upon a showing of how identified material witnesses would be inconvenienced if required to testify in Bronx County (see, Coles v. LaGuardia Med. Group, 161 A.D.2d 166, 167). In the exercise of discretion, we give appellants another opportunity to make such a showing.

Concur — Rosenberger, J.P., Wallach, Kupferman and Nardelli, JJ.