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Brown v. Dawson

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


September 29, 2009

DOMINIC BROWN, ETC., ET AL., PLAINTIFFS-RESPONDENTS,
v.
JILL DAWSON, ET AL., DEFENDANTS, SIMON KOKKINAKIS, DEFENDANT-APPELLANT.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 3, 2008, which, in an action for medical malpractice, denied defendant-appellant's motion to change venue from New York County to Richmond County, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Moskowitz, Renwick, Richter, JJ.

102900/08

Plaintiff properly placed venue in New York County based upon St. Vincent's Hospital and Medical Center's designation of New York County as its corporate residence on its certificate of incorporation (see CPLR 503[c]; Krochta v On Time Delivery Serv., Inc., 62 AD3d 579, 580 [2009]; Velasquez v Delaware Riv. Val. Lease Corp., 18 AD3d 359, 360 [2005]).

Nor does the record support a discretionary change of venue pursuant to CPLR 510(3), inasmuch as appellant failed to detail the identity and availability of proposed witnesses, the nature and materiality of the anticipated testimony and the manner in which they would be inconvenienced by the designated venue (see Parker v Ferraro, 61 AD3d 470 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090929

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