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Herrera v. St. Luke's/Roosevelt Hospital Center

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 323 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

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


As defendants had indication as early as the very inception of the action that plaintiff guardian ad litem may have improperly placed venue in Bronx County, their nearly two-year delay in seeking a change of venue on that ground was not sufficiently diligent to justify departure from the time requirements of CPLR 511 (a) ( see, Roman v. Brereton, 182 A.D.2d 556, 557). Nor do defendants sufficiently demonstrate that the convenience of material non-party witnesses would be served by a change of venue to New York County ( see, Brunner v. Joubert, 118 A.D.2d 424, 425).

Concur — Sullivan, J.P., Ellerin, Nardelli and Williams, JJ.


Summaries of

Herrera v. St. Luke's/Roosevelt Hospital Center

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 1996
224 A.D.2d 323 (N.Y. App. Div. 1996)
Case details for

Herrera v. St. Luke's/Roosevelt Hospital Center

Case Details

Full title:FELIPE HERRERA, as Guardian Ad Litem for JUAN A. HERRERA, Also Known as…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 323 (N.Y. App. Div. 1996)
637 N.Y.S.2d 731

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