ANDERSON v. BELKE

4054N, 600126/09, 602210/08.

80 A.D.3d 483 (2011)

913 N.Y.S.2d 917

BENJAMIN L. ANDERSON, a Shareholder of LIVONIA, AVON & LAKEVILLE RAILROAD CORPORATION, Appellant, v. CARL P. BELKE et al., Respondents. BENJAMIN L. ANDERSON, a Shareholder of LIVONIA, AVON & LAKEVILL RAILROAD CORPORATION, Appellant, v. EUGENE H. BLABEY, II, et al., Respondents.

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

Decided January 13, 2011.


The fact that defendants' counsel contributed to the reelection campaign of Justice Kenneth R. Fisher, the Livingston County justice likely to preside over these actions upon their transfer, is not a fact that would have influenced the determination to change venue (see CPLR 2221 [e]). As defendants note, this argument is more appropriately advanced in support of a motion for recusal.

In any event, plaintiff failed to demonstrate that there is a serious risk...

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