ESSER v. CIARMELLA


203 A.D.2d 159 (1994)

610 N.Y.S.2d 260

Raymond Esser, Appellant, v. Suzanne M. Ciarmella, Respondent. Haroon Rashid, Appellant, v. Raymond S. Esser, Defendant, and Suzanne M. Ciarmella, Respondent

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

April 21, 1994


We agree with the IAS Court that this personal injury action should be transferred to Suffolk County where the accident occurred, and where both the eyewitnesses and the police officers who investigated the accident reside. Plaintiffs' nonparty witnesses are doctors whose testimony will bear only on the issue of damages, and whose convenience is subordinate to that of nonparty witnesses who will be testifying on the issue of liability (Torres v Larsen,

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