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DiCicco v. Cattani

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 2004
5 A.D.3d 318 (N.Y. App. Div. 2004)

Opinion

3270N.

Decided March 30, 2004.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered March 10, 2003, which, in an action for medical malpractice, granted defendant's motion to change venue to Richmond County, unanimously affirmed, without costs.

Brian J. Isaac, Plaintiff-Appellant.

Frederick N. Gaffney, Defendant-Respondent.

Before: Buckley, P.J., Mazzarelli, Sullivan, Friedman, Gonzalez, JJ.


The motion was properly granted on the ground that defendant's affidavit sufficiently demonstrates that his principal office is located in Staten Island, where, we note, the alleged malpractice occurred ( see Pasley v. St. Agnes Hosp., 244 A.D.2d 469; Magrone v. Herzog, 304 A.D.2d 801). It does not avail plaintiff that defendant's letterhead and web site list his Manhattan address first, or that other medical-related web sites, including the New York State Directory of Physicians, provide only the Manhattan address ( cf. Kielczewski v. Pinnacle Restoration Corp., 226 A.D.2d 211).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

DiCicco v. Cattani

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 2004
5 A.D.3d 318 (N.Y. App. Div. 2004)
Case details for

DiCicco v. Cattani

Case Details

Full title:ANTOINETTE DiCICCO, Plaintiff-Appellant, v. ROBERT CATTANI, M.D.…

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

Date published: Mar 30, 2004

Citations

5 A.D.3d 318 (N.Y. App. Div. 2004)
773 N.Y.S.2d 558

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