Karassik v. Bereskin

In an action inter alia for goods sold and delivered, defendant appeals from an order of the Supreme Court, Rockland County, entered March 16, 1976, which denied her motion for a change of venue from Rockland County to Oneida County. Order affirmed, without costs or disbursements. The order appealed from constituted a proper exercise of discretion. Latham, Cohalan and Hawkins, JJ., concur; Gulotta, P. J., and Hopkins, J., dissent and vote to reverse the order and grant the motion, with the following memorandum: Special Term failed to give sufficient weight to defendant’s physical disability (see Kiamesha Concord v Greenman, 29 AD2d 904; Goldman v Isgood Stottville Realty Corp., 14 AD2d 759; Foley v Phelps, 257 App Div 896) and gave excessive weight to the convenience of plaintiff’s nonresident witnesses (see Taller & Cooper v Rand, 286 App Div 1096; Geneva Trust Co. v Boston & Maine R. R., 212 App Div 695).