General

Bea Schifren, Appellant, v. Waldbaums, Inc., Respondent, et al., Defendant

245 A.D.2d 41665 N.Y.S.2d 860·New York Supreme Court, Appellate Division·1997·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

Bea Schifren, Appellant, v Waldbaums, Inc., Respondent, et al., Defendant. [665 NYS2d 860] [MAJORITY] —Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 16, 1996, which granted plaintiff’s motion for leave to reargue and, upon reargument, adhered to its original determination granting defendant Waldbaums, Inc.’s motion for a change of venue from Bronx County to Suffolk County, unanimously reversed, to the extent appealed from as limited by the briefs, on the law, the facts and in the exercise of discretion, without costs, and the motion to the extent it sought a change of venue denied. Although defendant Waldbaums knew the relevant facts, it failed to timely move for a change of venue (CPLR 511). Concur—Milonas, J. P., Rubin, Tom, Mazzarelli and Colabella, JJ.