Narrative Opinion Summary
The Supreme Court of Bronx County, under Justice Luis Gonzalez, issued an order on April 13, 1994, denying the defendant's motion to change the venue from Bronx County to Westchester County. The decision was unanimously affirmed without costs. The court found that the motion was properly denied based on CPLR 510 (1) because the defendant's principal place of business is situated in Bronx County, as established under CPLR 503 (c). Additionally, the court rejected the motion under CPLR 510 (3) due to the defendant's failure to specify which witnesses would be inconvenienced by the venue remaining in Bronx County, as well as the nature of their anticipated testimony. The decision referenced the case Clark v New Rochelle Hosp. Med. Ctr. 170 AD2d 271. The ruling was concurred by Justices Ellerin, Kupferman, Ross, Asch, and Tom.
Legal Issues Addressed
Burden of Proof for Inconvenience of Witnesses under CPLR 510 (3)subscribe to see similar legal issues
Application: The defendant's motion to change venue was denied due to a failure to specify which witnesses would be inconvenienced and the nature of their testimony, which is necessary to meet the burden of proof under CPLR 510 (3).
Reasoning: Additionally, the court rejected the motion under CPLR 510 (3) due to the defendant's failure to specify which witnesses would be inconvenienced by the venue remaining in Bronx County, as well as the nature of their anticipated testimony.
Venue Change under CPLR 510 (1)subscribe to see similar legal issues
Application: The court denied the venue change because the defendant's principal place of business is located in Bronx County, which aligns with the statutory requirements for venue as per CPLR 503 (c).
Reasoning: The court found that the motion was properly denied based on CPLR 510 (1) because the defendant's principal place of business is situated in Bronx County, as established under CPLR 503 (c).