Opinion
2002-04553
Submitted January 22, 2003.
February 18, 2003.
In an action to recover damages for personal injuries, the defendant appeals from stated portions of an order of the Supreme Court, Kings County (Barasch, J.), dated February 21, 2002, which, inter alia, in effect, granted that branch of the plaintiff's cross motion which was pursuant to CPLR 510(3) to retain venue of this action in Kings County.
Kral, Clerkin, Redmond, Ryan, Perry Girvan, Mineola, N.Y. (Elizabeth Gelfand Kastner of counsel), for appellant.
Beth J. Schlossman, Brooklyn, N.Y. (David Feinsilver of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion by, inter alia, in effect, granting that branch of the plaintiff's cross motion which was pursuant to CPLR 510(3) to retain venue of the action in Kings County based upon "the convenience of material witnesses and the ends of justice" (CPLR 510). The plaintiff established that the inconvenience relates to the physical disability of his wife, a liability witness (see DeGregorio v. DeGregorio, 251 A.D.2d 366; Messinger v. Festa, 94 A.D.2d 792). Furthermore, the convenience of the treating physician is a strong factor in favor of retaining venue in Kings County (see Messinger v. Festa, supra).
The appellant's remaining contention does not warrant reversal.
FLORIO, J.P., S. MILLER, FRIEDMANN, TOWNES and MASTRO, JJ., concur.