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Callan v. Larsen

Appellate Division of the Supreme Court of New York, First Department
Feb 6, 1996
224 A.D.2d 230 (N.Y. App. Div. 1996)

Opinion

February 6, 1996

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).


The IAS Court properly exercised its discretion in denying the motion for a change of venue, since it appears there is only one nonparty material witness in this action and there was an insufficient showing that he would be inconvenienced by trial in New York County, particularly where his testimony is likely to be completed in a single day ( Wilkins v. Cohen, 169 A.D.2d 476; Farra v. Hesseltine, 134 A.D.2d 788; Prado v. Walsh-Atkinson Co., 212 A.D.2d 489). Denial of the motion was also warranted on grounds of untimeliness, where it was made three years after this action was commenced, more than two and a half years after issue was joined, after extensive discovery and preliminary court conferences were conducted in New York County, and the delay is without reasonable excuse ( Campos v. New York City Health Hosps. Corp., 163 A.D.2d 49, 51).

Concur — Ellerin, J.P., Kupferman, Ross and Williams, JJ.


Summaries of

Callan v. Larsen

Appellate Division of the Supreme Court of New York, First Department
Feb 6, 1996
224 A.D.2d 230 (N.Y. App. Div. 1996)
Case details for

Callan v. Larsen

Case Details

Full title:SEAN CALLAN, Respondent, v. JONATHAN Z. LARSEN et al., Defendants, and…

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

Date published: Feb 6, 1996

Citations

224 A.D.2d 230 (N.Y. App. Div. 1996)
637 N.Y.S.2d 155