Opinion
1297N
June 6, 2002.
Order, Supreme Court, New York County (Richard Lowe III, J.), entered on or about December 13, 2001, which, inter alia, denied defendant Peter Allan's cross motion to change the venue of this action from New York County to either Bronx or Queens County, unanimously affirmed, without costs.
DAVID A. FLEISSIG, for Plaintiffs-respondents.
NORMAN SOLOVAY, for Defendant-appellant.
Mazzarelli, J.P., Lerner, Rubin, Marlow, Gonzalez, JJ.
The motion court exercised its discretion providently when it denied defendant's cross motion to change the venue of this action. Although plaintiff's father is a retired Supreme Court Justice who once presided in New York County, there was no demonstration that an impartial trial could not be obtained in that venue (see, Lombardoni v. Boccaccio, 160 A.D.2d 1089, 1091; cf., Kavelman v. Taylor, 245 A.D.2d 9; and cf.,Rothwax v. Spicehandler, 161 A.D.2d 184).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.