PUTNAM-CORDOVANO v. CSX CORPORATION

CA 11-01355

90 A.D.3d 1637 (2011)

935 N.Y.S.2d 518

2011 NY Slip Op 9707

ROBIN PUTNAM-CORDOVANO, Individually and as Administrator of the Estate of ZACHARY P. NYDAHL, Deceased, Respondent, v. CSX CORPORATION et al., Appellants, et al., Defendants.

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

Decided December 30, 2011.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: CSX Corporation and CSX Transportation, Inc. (collectively, defendants) contend on appeal that Supreme Court should have granted their motion for a change of venue from Niagara County to Chautauqua County. We reject that contention. "A motion for a change of venue is addressed to the sound discretion of the court and, absent an improvident exercise of discretion...

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