Narrative Opinion Summary
In a medical malpractice case, Flushing Hospital Medical Center appeals a Supreme Court order from Kings County that denied its motion to change the venue from Kings County to Queens County. The court also denied a cross motion from co-defendants Alan Barry Nerenberg, M.D., and John Joseph Pellettieri, M.D., which Flushing Hospital joined, seeking to require the plaintiff to post security for costs under CPLR 8501 (a). The appellate court modified the order by granting the cross motion for security for costs while affirming the denial of the venue change. The matter is remitted to the Supreme Court, Kings County, to determine the required amount of security for costs. The court found that the Supreme Court did not abuse its discretion regarding the venue change, but since the plaintiff is not a resident of New York State, she is required to provide security for costs in accordance with CPLR 8501 (a).
Legal Issues Addressed
Security for Costs Requirement under CPLR 8501 (a)subscribe to see similar legal issues
Application: The appellate court granted the motion requiring the plaintiff, who is not a resident of New York State, to post security for costs, aligning with CPLR 8501 (a).
Reasoning: The appellate court modified the order by granting the cross motion for security for costs...since the plaintiff is not a resident of New York State, she is required to provide security for costs in accordance with CPLR 8501 (a).
Venue Change in Medical Malpractice Casessubscribe to see similar legal issues
Application: The appellate court affirmed the lower court's denial of a motion to change venue from Kings County to Queens County, indicating the decision was within the court's discretion.
Reasoning: The court found that the Supreme Court did not abuse its discretion regarding the venue change.