Public Service Mutual Insurance v. ITT Hartford Group, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; April 9, 1998; New York; State Appellate Court
The Supreme Court of New York County, presided by Judge Ira Gammerman, issued an order on April 7, 1997, granting the defendants' motion to change the venue from New York County to Erie County. This decision was unanimously affirmed without costs. The court acknowledged that, although the defendants did not timely demand a venue change as a matter of right due to improper venue in New York County, they successfully established sufficient grounds for a discretionary change. The court emphasized that transferring the case would promote the ends of justice, particularly because the related personal injury and third-party actions are already pending in Erie County. The court highlighted the importance of judicial economy and consistency, noting that the transfer would benefit the court system. Additionally, the convenience of Erie County public officers, who are likely to be called as witnesses, favored the change. The plaintiff did not demonstrate any prejudice resulting from the venue change. The decision reflects a balance of judicial efficiency and the relevance of the venue to the ongoing actions.