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Nicholas v. Brini

Appellate Division of the Supreme Court of New York, First Department
May 19, 1994
204 A.D.2d 194 (N.Y. App. Div. 1994)

Opinion

May 19, 1994

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).


Notwithstanding that the car accident giving rise to these two actions occurred in Bronx County, it was not an unreasonable exercise of discretion for the IAS Court to direct a joint trial in Suffolk County, the venue of the action first commenced (see, Olownia v. Toussaint, 98 A.D.2d 716, 717), where plaintiff in Action No. 1, the only proponent of a Bronx County venue, resided in Westchester County at the time she commenced Action No. 1 and presently resides in Alabama, and does not demonstrate how any alleged material nonparty witnesses would be inconvenienced by a trial in Suffolk rather than Bronx County (cf., Strasser v. Neuringer, 137 A.D.2d 750).

Concur — Ellerin, J.P., Asch, Rubin, Nardelli and Williams, JJ.


Summaries of

Nicholas v. Brini

Appellate Division of the Supreme Court of New York, First Department
May 19, 1994
204 A.D.2d 194 (N.Y. App. Div. 1994)
Case details for

Nicholas v. Brini

Case Details

Full title:GWENDOLYN M. NICHOLAS, Appellant, v. JOSEPH R. BRINI, JR., et al.…

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

Date published: May 19, 1994

Citations

204 A.D.2d 194 (N.Y. App. Div. 1994)
612 N.Y.S.2d 123

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