From Casetext: Smarter Legal Research

Malcolm v. Iandoli

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 2005
15 A.D.3d 278 (N.Y. App. Div. 2005)

Opinion

5392N

February 17, 2005.

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered May 11, 2004, which, in an action for personal injuries, denied defendant's motion pursuant to CPLR 510 (3) to change venue from Bronx County, where plaintiff resides, to Westchester County, where the accident occurred, unanimously affirmed, without costs.

Before: Buckley, P.J., Saxe, Friedman, Williams and Sweeny, JJ., concur.


The motion was properly denied for failure to show the availability of the three witnesses named in defendant's papers in support of the motion, the nature and materiality of their expected testimony and the manner in which they are inconvenienced by the Bronx County venue ( see Cardona v. Aggressive Heating, 180 AD2d 572, 572; Argano v. Scuderi, 6 AD3d 211).


Summaries of

Malcolm v. Iandoli

Appellate Division of the Supreme Court of New York, First Department
Feb 17, 2005
15 A.D.3d 278 (N.Y. App. Div. 2005)
Case details for

Malcolm v. Iandoli

Case Details

Full title:GERTELIN MALCOLM, Respondent, v. RALPH R. IANDOLI, Appellant

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

Date published: Feb 17, 2005

Citations

15 A.D.3d 278 (N.Y. App. Div. 2005)
790 N.Y.S.2d 89