AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

DENNIS WENDAL, as Executor of CATHERINE A. AUGUSTINE, Deceased, Appellant, v. MEMORIAL HOSPITAL OF GREENE COUNTY et al., Respondents, et al., Defendants.

Ordered that the order is affirmed, without costs or disbursements.

While we agree with the plaintiff and the Supreme Court that the motion and cross motion to change venue should have been made more promptly, we do not find them to be untimely as a matter of law so as to preclude the Supreme Court from exercising its discretion under CPLR 510 (3). Furthermore, under the facts of this case, including the extremely strong ties of the action to Greene County and the absence of virtually any connection to Suffolk County, we cannot conclude that the Supreme Court erred in granting the motion and cross motion (see, Creed v United Hosp., 158 A.D.2d 654; Thomas v Small, 121 A.D.2d 622). Sullivan, J.P., Balletta, Lawrence and Santucci, JJ., concur.

Use AI to get other relevant cases.

Comments

WENDAL v. MEMORIAL HOSPITAL OF GREENE COUNTY
(Apr 6, 1992)