GUERRERO v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


269 A.D.2d 184 (2000)

703 N.Y.S.2d 93

LUIS GUERRERO, as Administrator of the Estate of OLGA RIVERA, Deceased, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Defendants, and ALLEN KLINE, Sued Herein as ALLEN KLEIN, Appellant.

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

Decided February 8, 2000.


The motion was properly denied upon a record in which appellant failed to identify a single witness whose convenience would be better served by the proposed change of venue. Rather, appellant is, in essence, asking the court to assume that unidentified employees of the hospital in upper Manhattan where the alleged malpractice occurred would find it more convenient to travel to lower Manhattan than the Bronx. Suffice it to say that such an assumption may not substitute for...

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