Saxe v. OB/GYN Assocs., P. C., 657 N.E.2d 492 (N.Y. 1995). · Go Syfert
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Saxe v. OB/GYN Assocs., P. C., 657 N.E.2d 492 (N.Y. 1995). Cases Citing This Book View Copy Cite
14 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: Hakanjin v. Lincare, Inc., 2019 NY Slip Op 3677 (N.Y. App. Div. 1st Dep't 2019)
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Cited for
86 N.Y.2d at 822 Determining proper venue for civil actions4 citing casesOPINION OF THE COURT Memorandum. The order of the Appellate Division should be reversed, with costs, plaintiffs’ motion to transfer the action to Kings County…opening of page *822 (no citing court says what it cites this page for) · 3 listed here
  • Hakanjin v. Lincare, Inc., 2019 NY Slip Op 3677 (N.Y. App. Div. 1st Dep't 2019).published
    However, the motion court's determination to transfer this case to Westchester County was nonetheless proper because plaintiffs failed to demonstrate that the action could properly have been commenced in New York County ( see Saxe by Saxe…
  • Pruitt v. Patsalos, 96 A.D.3d 924 (N.Y. App. Div. 2d Dep't 2012).published 2 cites
    Under the circumstances of this case, including the evidence demonstrating that the defendant is a retired Orange County Supreme Court Justice, who presided in that court for more than two decades, that his relative is a retired Orange Cou…
  • Golia v. Petze, 56 A.D.2d 611 (N.Y. App. Div. 2d Dep't 2008).published
    In view of the fact that the plaintiff Joseph Golia is a Justice of the Appellate Term of the Supreme Court, Second Judicial Department, and the plaintiff Rosalie Golia is his wife, the court providently exercised its discretion in grantin…
Elana J. Saxe, an Infant, by Her Parents and Natural Guardians, Phyllis K. Saxe
v.
OB/GYN Associates, P. C.
New York Court of Appeals.
Sep 21, 1995.
Published opinion
657 N.E.2d 492
1995 N.Y. LEXIS 3363
APPEARANCES OF COUNSEL, Martin, Clearwater & Bell, New York City (Patricia D'Alvia and Barbara D. Goldberg of counsel), for OB/GYN Associates, P. C., and others, appellants., Heidell, Pittoni, Murphy & Bach, P. C, New York City (Mitchell D. Frankel of counsel), for Mirta Veber, appellant., Kramer, Dillof, Tessel, Duffy & Moore, New York City (Norman Bard of counsel), for respondents.
Cited by 12 opinions  |  Published

[*822] OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, plaintiffs’ motion to transfer the action to Kings County denied, and the matter remitted to Supreme Court, New York County, for further proceedings not inconsistent with this memorandum. The certified question is answered in the negative.

Where one of the parties to the action commenced in New York County is a Supreme Court Justice in that jurisdiction, the Appellate Division did not abuse its discretion in transferring the action out of New York County pursuant to CPLR 510 (2), to avoid concerns about the appearance of impropriety (see, Rothwax v Spicehandler, 161 AD2d 184; De Luca v CBS, Inc., 105 AD2d 770).

In light of the express legislative preference for actions being tried in proper counties (see, CPLR 502, 503, 510 [1]; 511 [b]), however, a court must, whenever possible, transfer an action under CPLR 510 to a county in which the action properly could have been commenced. Kings County, requested by plaintiffs, is an improper county for commencing the action under CPLR 503 (a). Therefore, the court should have transferred the action to Westchester County, the county requested by defendants, or one of the other proper alternative forums in which various defendants resided at the commencement of this action.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.