From Casetext: Smarter Legal Research

Boykin Mgmt. Co. v. William L. Watson Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 859 (N.Y. App. Div. 1987)

Opinion

November 10, 1987

Appeal from the Supreme Court, Erie County, Ostrowski, J.

Present — Dillon, P.J., Denman, Balio, Lawton and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Third-party defendant's motion for a change of venue was properly denied. The sole ground for this motion was that the action was not properly brought in Kings County (CPLR 510). Venue was properly laid in Kings County as it is plaintiff's residence (CPLR 503, 509). We do not consider third-party defendant's claim, made for the first time on appeal, that venue should be changed to Erie County for the convenience of material witnesses and to promote the ends of justice (see, CPLR 510; Pietropaoli Trucking v. Nationwide Mut. Ins. Co., 100 A.D.2d 680, 681). Further, a motion on these grounds must be brought in the county where venue is laid or as authorized by CPLR 2212 (a) (2 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 510.10).


Summaries of

Boykin Mgmt. Co. v. William L. Watson Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 859 (N.Y. App. Div. 1987)
Case details for

Boykin Mgmt. Co. v. William L. Watson Co.

Case Details

Full title:BOYKIN MANAGEMENT COMPANY, Third-Party Plaintiff-Respondent, v. WILLIAM L…

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

Date published: Nov 10, 1987

Citations

134 A.D.2d 859 (N.Y. App. Div. 1987)