Narrative Opinion Summary
The Supreme Court of Bronx County issued an order on January 7, 1982, denying Lakeside's motion to change the venue from Bronx to Rockland County. This decision was unanimously affirmed without costs or disbursements. The court noted a disagreement with Special Term's designation of the injured plaintiff, Michael Bergland, as a Bronx resident. However, the venue was deemed appropriate because Henrietta Bergland, who claimed loss of services and medical expenses, was a resident of The Bronx at the action's commencement, in accordance with CPLR 503(a). The court found no abuse of discretion in Special Term's conclusion that a venue change to Rockland County was unnecessary for witness convenience. The decision was concurred by Justices Sandler, Sullivan, Markewich, and Milonas.
Legal Issues Addressed
Discretion in Venue Change for Witness Conveniencesubscribe to see similar legal issues
Application: The court found that there was no abuse of discretion by Special Term in denying the motion to change the venue to Rockland County, as the change was not necessary for the convenience of witnesses.
Reasoning: The court found no abuse of discretion in Special Term's conclusion that a venue change to Rockland County was unnecessary for witness convenience.
Venue Determination under CPLR 503(a)subscribe to see similar legal issues
Application: The court applied CPLR 503(a) to determine that the venue was appropriate in Bronx County because Henrietta Bergland, a party claiming loss of services and medical expenses, was a resident of The Bronx at the commencement of the action.
Reasoning: The venue was deemed appropriate because Henrietta Bergland, who claimed loss of services and medical expenses, was a resident of The Bronx at the action's commencement, in accordance with CPLR 503(a).