Lawrence v. Volvo Cars of North America, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; February 21, 1996; New York; State Appellate Court
An order from the Supreme Court of New York County, issued by Justice Richard Lowe III on August 22, 1995, granted the defendants' motion for a change of venue from New York County to Rockland County under CPLR 510 (3). This decision was unanimously affirmed without costs. The case involves the plaintiff seeking damages for injuries from a fire incident involving their Volvo car in Rockland County. Venue was initially established in New York County solely because the defendant had designated it as their principal business location. The court found it appropriate to change the venue to Rockland County due to several factors: the accident occurred there, the plaintiff received medical treatment at a Rockland County hospital immediately after the incident, extensive investigations were carried out in Rockland County, and most material witnesses reside in that county. The defendant identified numerous witnesses, including emergency service personnel, provided affidavits detailing their expected testimonies, and submitted relevant documentation. The ruling aligns with precedents set in Brunner v. Joubert and Smilow v. General Motors Corp. The judges concurring in this decision were Milonas, J.P., Wallach, Ross, and Mazzarelli, JJ.