In Timan v. Sayegh , Yvette Timan sought to have the venue of her medical malpractice and wrongful death case changed from the Bronx to Westchester.
Timan's decedent committed suicide in Yonkers, where he lived with his family. He received medical treatment from doctors whose offices were located in Yonkers. His pharmacies were located in Yonkers. And, following the suicide, the Yonkers Police Department investigated the incident, and the Westchester County Medical Examiner's Office performed the autopsy. Yet, Timan filed her lawsuit in the Bronx because that is where one of the defendants lived.
When several of the defendants sought to move the case from the Bronx to Westchester, the Bronx County Supreme Court granted the request.
On appeal, the Appellate Division, First Department, reversed. The AD1 concluded that "general statements as to witness inconvenience" weren't enough to trigger a venue change. Rather, Sayegh would have to show that the witnesses had been contacted, that they were willing to testify, and that attending trials in the Bronx would be an inconvenience. Further, since most of the witnesses resided in Yonkers -- which is equidistant between the Bronx and Westchester County -- any inconvenience was viewed as inconsequential.
Apparently, the Justices of the AD1 have never tried to park in the Bronx.
To download a copy of the Appellate Division's decision, please use this link: Timan v. Sayegh