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O'BRIEN v. VASSAR BROS. HOSP.

207 A.D.2d 169 (1995)

Deirdre A. O'Brien, Appellant, v. Vassar Brothers Hospital et al., Respondents

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

January 17, 1995

Attorney(s) appearing for the Case

Fisher, Fallon, Salerno, Betlesky & Kelly, New York City (Edward P. Kelly and Kathleen Whelan of counsel), for appellant.

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains (Montgomery L. Effinger of counsel), for Vassar Brothers Hospital and another, respondents.

Martin, Clearwater & Bell, New York City (Patricia D'Alvia of counsel), for Norman E. Watt, respondent.

BALLETTA, RITTER and PIZZUTO, JJ., concur.

BRACKEN, J. P.

In this appeal, we reaffirm our previous holdings that, in all actions, including those which may be defined as transitory, where venue has been properly designated by the plaintiff based on the residence of either party (see, CPLR 503, 509) a discretionary change of venue should be granted based on the convenience of witnesses (see, CPLR 510 [3]) only after there has been a detailed...

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