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LUBITZ v. MEHLMAN

166 A.D.2d 212 (1990)

Lewis Lubitz et al., Plaintiffs, v. George Mehlman, Respondent; Morris Fellner, Respondent-Appellant, and Louis Grossman, as Executor of Harry Grossman, Deceased, Intervenor-Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 9, 1990

CPLR 510 (2) provides that the court, upon motion, may change the place of trial of an action where "there is reason to believe that an impartial trial cannot be had in the proper county". It is well settled that the moving party must make a factual showing sufficient to support such a determination (Kenford Co. v County of Erie, 38 A.D.2d 781), and further, that the judicial discretion...

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