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Christie v. John Wanamaker Philadelphia

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1991
172 A.D.2d 444 (N.Y. App. Div. 1991)

Opinion

April 30, 1991

Appeal from the Supreme Court, Bronx County (Alan J. Saks, J.).


Venue was properly placed in Bronx County based on the residence of plaintiff. (Coles v. LaGuardia Med. Group, 161 A.D.2d 166. ) Defendant Armor Elevator Company relied on the situs of the alleged tort action, the medical offices of plaintiff's two treating physicians and the residence of a potential witness to support its application for a discretionary change of venue (CPLR 510).

This Court has repeatedly stated that a motion for a change of venue based on the convenience of material witnesses must be supported by a statement which specifies the witnesses affected, the nature of their testimony, and the inconvenience that the witnesses would sustain if required to testify in the county of original venue. (Coles v. LaGuardia Med. Group, supra, at 167; Moghazeh v. Valdes-Rodriguez, 151 A.D.2d 428, 429; Firoozan v. Key Food Supermarket, 151 A.D.2d 334.) The attorney's affirmation submitted below was insufficient for this purpose.

Concur — Carro, J.P., Ellerin, Asch and Rubin, JJ.


Summaries of

Christie v. John Wanamaker Philadelphia

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1991
172 A.D.2d 444 (N.Y. App. Div. 1991)
Case details for

Christie v. John Wanamaker Philadelphia

Case Details

Full title:MARY CHRISTIE, Respondent, v. JOHN WANAMAKER PHILADELPHIA, WOODWARD…

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

Date published: Apr 30, 1991

Citations

172 A.D.2d 444 (N.Y. App. Div. 1991)
569 N.Y.S.2d 14