FKB’s Tracy S. Katz successfully obtains a unanimous decision from the New York Appellate Division, First Judicial Department affirming a favorable motion to change venue of a medical malpractice case from Bronx County to Rockland County.
The action involves allegations of medical malpractice leading to alleged blindness of one eye in a then 23 year old man. Plaintiff brought the suit in Bronx County, which is known to be a favorable plaintiff’s venue. FKB moved to change venue based on investigations which revealed that the plaintiff was residing on his grandmother’s couch in the Bronx while his wife resided in Rockland County. The Supreme Court Judge conducted a hearing and defendants cross-examined the plaintiff, his grandmother, his ex-wife and his mother. After the hearing Judge Capella found that the plaintiff’s testimony was not credible and that he did not establish that his Bronx residency was “permanent” for the purposes of establishing venue. Plaintiffs’ counsel appealed this decision and the Appellate Division unanimously affirmed the lower court’s decision, agreeing with FKB’s arguments that the plaintiff failed to provide the documentary evidence required to establish residency and that he provided contradictory testimony on the issue, rendering his testimony not credible.
If you have any questions, please contact Tracy S. Katz.