# Brown v. Dawson

> Appellate Division of the Supreme Court of the State of New York · September 29, 2009 · 65 A.D.3d 980

URL: https://www.frixlaw.com/law-library/cases/5781735

## Case

- **Full name:** Dominic Brown v. Jill Dawson, and Simon Kokkinakis
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 29, 2009
- **Citations:** 65 A.D.3d 980; 885 N.Y.S.2d 418
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5781735

## Opinion text

Order, Supreme Court, New York County (Sheila AbdusSalaam, 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.
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 *981 (see Parker v Ferraro, 61 AD3d 470 [2009]). Concur—Mazzarelli, J.P., Saxe, Moskowitz, Renwick and Richter, JJ.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5781735. Public record. Not legal advice.