O'Connor v. Lawrence Hospital

Full title: TIMOTHY O'CONNOR, Respondent, v. LAWRENCE HOSPITAL et al., Appellants

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

Date published: Jun 21, 1990

162 A.D.2d 288 (N.Y. App. Div. 1990)

556 N.Y.S.2d 877

Opinion

June 21, 1990

Appeal from the Supreme Court, Bronx County (Jack Turret, J.).

Venue was properly laid in the Bronx based upon the residence of infant plaintiff and his mother (see, Coles v. LaGuardia Med. Group, 161 A.D.2d 166; Torriero v. Austin Truck Rental, 143 A.D.2d 595). The situs of the alleged malpractice, relied upon by defendants, is but one matter to consider and is not determinative of venue. We have reviewed the relevant factors regarding the venue of this action and find that the Supreme Court did not abuse its discretion in denying the motion for a change of venue (see, Coles v. LaGuardia Med. Group, supra; Moghazeh v. Valdes-Rodriguez, 151 A.D.2d 428; Firoozan v. Key Food Supermarket, 151 A.D.2d 334; Wecht v. Glen Distribs. Co., 112 A.D.2d 891).

Concur — Murphy, P.J., Ross, Milonas, Kassal and Wallach, JJ.