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Tamburro v. Intnl. Bus. Machines Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1996
234 A.D.2d 535 (N.Y. App. Div. 1996)

Opinion

December 23, 1996.

In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Held, J.), dated March 20, 1995, as denied its motion to change the venue of the action to the Supreme Court, Nassau County.

Before: O'Brien, J.P., Ritter, Pizzuto and Altman, JJ.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion to change the venue of the action to the Supreme Court, Nassau County, is granted; and it is further,

Ordered that the Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in the action and certified copies of all minutes and entries ( see, CPLR 511 [d]).

In a related appeal, Tamburro v International Bus. Machs. Corp. ( 232 AD2d 477), this Court affirmed an order of the Supreme Court dismissing the complaint as to one of the plaintiffs, Richard Honnold, as time-barred. In light of, inter alia, the fact that Honnold was the only party residing in Kings County, venue should be transferred to Nassau County, the county of residence of the remaining plaintiffs ( see, Gramazio v Borda, Wallace Witty, 181 AD2d 428; Mitts v H.I.P. of Greater N. Y., 104 AD2d 318).


Summaries of

Tamburro v. Intnl. Bus. Machines Corp.

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1996
234 A.D.2d 535 (N.Y. App. Div. 1996)
Case details for

Tamburro v. Intnl. Bus. Machines Corp.

Case Details

Full title:ALBERT TAMBURRO et al., Respondents, et al., Plaintiff, v. INTERNATIONAL…

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

Date published: Dec 23, 1996

Citations

234 A.D.2d 535 (N.Y. App. Div. 1996)
651 N.Y.S.2d 918

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