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Wendal v. Memorial Hospital of Greene County

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 617 (N.Y. App. Div. 1992)

Opinion

April 6, 1992

Appeal from the Supreme Court, Suffolk County (Lama, J.).


Ordered that the order is affirmed, without costs or disbursements.

While we agree with the plaintiff and the Supreme Court that the motion and cross motion to change venue should have been made more promptly, we do not find them to be untimely as a matter of law so as to preclude the Supreme Court from exercising its discretion under CPLR 510 (3). Furthermore, under the facts of this case, including the extremely strong ties of the action to Greene County and the absence of virtually any connection to Suffolk County, we cannot conclude that the Supreme Court erred in granting the motion and cross motion (see, Creed v United Hosp., 158 A.D.2d 654; Thomas v Small, 121 A.D.2d 622). Sullivan, J.P., Balletta, Lawrence and Santucci, JJ., concur.


Summaries of

Wendal v. Memorial Hospital of Greene County

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1992
182 A.D.2d 617 (N.Y. App. Div. 1992)
Case details for

Wendal v. Memorial Hospital of Greene County

Case Details

Full title:DENNIS WENDAL, as Executor of CATHERINE A. AUGUSTINE, Deceased, Appellant…

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

Date published: Apr 6, 1992

Citations

182 A.D.2d 617 (N.Y. App. Div. 1992)
582 N.Y.S.2d 222

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