Opinion
May 21, 1985
Appeal from the Supreme Court, New York County (S. Schwartz, J.).
This is a medical malpractice action in New York County against several physicians, who maintain offices in Suffolk County, for personal injuries sustained as a result of their allegedly improper diagnosis of the plaintiff's cardiac condition.
Defendant-appellant Garofalo sought a change in venue on the ground that all defendants reside in Suffolk, that the plaintiff is listed in the telephone directory in Suffolk and that the malpractice, if any, occurred in Suffolk.
The plaintiff is being treated at St. Vincent's Hospital, in Manhattan, and alleges that he resides near there for treatment purposes and that he alternates visits between the two residences.
This action bears no relationship to New York County, other than a possible part-time residence for the plaintiff, and venue clearly belongs in Suffolk County. ( See, Rodziewicz v. Dorfgood Realty Co., 88 A.D.2d 565.)
Concur — Kupferman, J.P., Ross, Asch and Fein, JJ.