Summary
In Avery v. Williams, 244 A.D.2d 271 (1st Dept., 1997) the court held that a motion to change venue was properly granted where, as here, the accident did not occur in the county where the action was brought; none of the parties resided in the county where the action was brought; and there was no claim that any of the witnesses lived there or that plaintiff received any medical treatment there.
Summary of this case from Werner v. Treeline 400 GCP, LLCOpinion
November 20, 1997
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
Plaintiffs are aggrieved parties since the venue they designated, and expressly sought to retain on the cross motions, was displaced. On the merits, the IAS Court properly transferred the matter to Kings County, the action having no nexus to Bronx County whatsoever. The accident occurred in Brooklyn, none of the parties reside in the Bronx, and there is no claim that any of the witnesses live in the Bronx or that plaintiffs received any medical treatment there.
Concur — Sullivan, J.P., Williams, Mazzarelli, Andrias and Colabella, JJ.