Fensterman v. Joseph

• Decision Date: 20 June 2018
• Docket Number: Index No. 7367/15,2015–11884
• Citation: 80 N.Y.S.3d 1,162 A.D.3d 855
• Parties: Howard FENSTERMAN, et al., plaintiffs-respondents, v. Stanley JOSEPH, as executor of the estate of Martin Farbenblum, deceased, et al., appellants, et al., defendant.
• Court: New York Supreme Court — Appellate Division

162 A.D.3d 855
80 N.Y.S.3d 1

Howard FENSTERMAN, et al., plaintiffs-respondents,
v.
Stanley JOSEPH, as executor of the estate of Martin Farbenblum, deceased, et al., appellants, et al., defendant.

2015–11884
Index No. 7367/15

Supreme Court, Appellate Division, Second Department, New York.

Argued—February 1, 2018
June 20, 2018

Steven Cohn, P.C., Carle Place, NY, for plaintiffs-respondents.

Jaspan Schlesinger, LLP, Garden City, N.Y. (Steven R. Schlesinger of counsel), appellants.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

80 N.Y.S.3d 2

DECISION & ORDER

ORDERED that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs' motion pursuant to CPLR 510(3) to change venue of the action pending in Ulster County to Nassau County for the convenience of witnesses is denied, with leave to renew in the Supreme Court, Ulster County.

On or about November 6, 2014, the appellants (hereinafter collectively the Ulster plaintiffs) commenced an action against the plaintiffs named herein (hereinafter collectively the Fensterman parties) in the Supreme Court, Ulster County (hereinafter the Ulster County Action). Approximately four months later, two of the Fensterman parties, Robert Fensterman and Patrick Formato, commenced an action against two of the plaintiffs in the Ulster County Action, Martin Farbenblum and Anthony Bacchi, in the Supreme Court, Nassau County (hereinafter the Nassau County Action).

The Ulster plaintiffs filed a motion in the Ulster County Action on or about April 7, 2015, seeking to consolidate the two actions and place venue in Ulster County. The Fensterman parties opposed the motion, which was fully submitted on or about May 28, 2015.

Thereafter, on August 17, 2015, the Fensterman parties moved by order to show cause in the Supreme Court, Nassau County, pursuant to CPLR 510(3) to change venue of the Ulster County Action to Nassau County for the convenience of witnesses. The Ulster plaintiffs opposed the change in venue. In an order dated September 24, 2015,...