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Morrison v. Lawler

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 2002
290 A.D.2d 370 (N.Y. App. Div. 2002)

Opinion

60N

January 29, 2002.

Order, Supreme Court, New York County (Milton Tingling, J.), entered on or about August 22, 2001, which, in an action for personal injury and wrongful death arising out of a car accident, denied defendants' motion for a change of venue to Dutchess County, unanimously affirmed, without costs.

HEMIL L. SAMUELS, for plaintiff-respondent.

GERIANNE HANNIBAL, for defendants-appellants.

Before: Williams, J.P., Mazzarelli, Rosenberger, Wallach, Lerner, JJ.


Defendants' claim that the State troopers and emergency medical technicians who responded to the subject car accident on a highway in Dutchess County would be inconvenienced by having to testify in New York County is not adequately supported with a showing of the asserted inconvenience, or the nature and relevance of their anticipated testimony (see, Schoen v. Chase Manhattan Automotive Fin. Corp., 274 A.D.2d 345;Heinemann v. Grunfeld, 224 A.D.2d 204; Prado v. Walsh-Atkinson Co., 212 A.D.2d 489). We have considered defendants' other arguments, including the asserted inconvenience of the decedent's physician, and find them unavailing.

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


Summaries of

Morrison v. Lawler

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 2002
290 A.D.2d 370 (N.Y. App. Div. 2002)
Case details for

Morrison v. Lawler

Case Details

Full title:CARLOS G. MORRISON, ETC., PLAINTIFF-RESPONDENT, v. JAMES J. LAWLER…

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

Date published: Jan 29, 2002

Citations

290 A.D.2d 370 (N.Y. App. Div. 2002)
736 N.Y.S.2d 596

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