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LOPEZ v. CHALIWIT

268 A.D.2d 377 (2000)

702 N.Y.S.2d 253

MILDRED LOPEZ, Appellant, v. KHALIL CHALIWIT et al., Respondents. (Action No. 1.) MILDRED LOPEZ, Appellant, v. ST. JOSEPH'S MEDICAL CENTER et al., Respondents. (Action No. 2.)

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

Decided January 25, 2000.

While it is true that the venue of two actions, initially placed in separate counties, generally lies where the first action was commenced (Bernstein v Silverman, 228 A.D.2d 325, 326) and plaintiff commenced her first action in the Bronx, CPLR 510 nonetheless authorizes a court to change venue for the convenience of material witnesses and to promote the ends of justice (supra). These criteria were satisfied by defendants'...

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