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SEGUIN v. LANDFRIED

CA 11-02552.

96 A.D.3d 1433 (2012)

945 N.Y.S.2d 902

2012 NY Slip Op 4525

LAWRENCE D. SEGUIN et al., Respondents, v. MATTHEW J. LANDFRIED, M.D., et al., Appellants, et al., Defendants.

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

June 8, 2012.

It is hereby ordered that the order so appealed from is unanimously reversed in the exercise of discretion without costs and the motions are granted

Memorandum: We agree with defendants-appellants (defendants) that Supreme Court improvidently exercised its discretion in denying their respective motions pursuant to CPLR 510 (3) seeking to change the venue of this medical malpractice action from Erie County to Genesee County (see Costello v Forbes,

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