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Penn v. North Shore Univ. Hospital-Glen Cove

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 537 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Queens County (Durante, J.).


Ordered that the appeal by the defendants Joel Greenspan, M.D., and David Brieff, M.D., is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and is further,

Ordered that the order is affirmed insofar as appealed from by the defendant North Shore University Hospital-Glen Cove; and it is further,

Ordered that the plaintiff is awarded one bill of costs, payable by the defendant North Shore University Hospital-Glen Cove.

The appellant North Shore University Hospital-Glen Cove (hereinafter North Shore) has failed to disprove the plaintiff's sworn statement that he resided in Queens County at the time he commenced this action.

Furthermore, North Shore has failed to establish that the venue of this action should be changed to Nassau County based on the convenience of material witnesses ( see, O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169; CPLR 510).

Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.


Summaries of

Penn v. North Shore Univ. Hospital-Glen Cove

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 537 (N.Y. App. Div. 1997)
Case details for

Penn v. North Shore Univ. Hospital-Glen Cove

Case Details

Full title:PERLINN PENN, Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL-GLEN COVE et…

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

Date published: Nov 24, 1997

Citations

244 A.D.2d 537 (N.Y. App. Div. 1997)
665 N.Y.S.2d 574

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