Nimmons v. EIC Assoc., Inc.

Summary

The Appellate Division, First Department unanimously affirmed the denial of defendants’ motion to change venue from New York County to Queens County. The court held that the venue demand was untimely, that the forum-selection clause did not apply, and that defendants failed to support an alternative motion based on witness convenience under CPLR 510(3).

Holdings

1. The forum-selection clause did not dictate venue because it applied only to claims asserted against the City, not to the claims at issue in this action.
2. The motion to change venue was properly denied because defendants failed to serve their venue demand within the strict statutory time limits.
3. Defendants were not entitled to a discretionary change of venue under CPLR 510(3) because they failed to provide the identity and availability of proposed witnesses, the nature of their anticipated testimony, or the manner in which the witnesses would be inconvenienced by trial in New York County.

Questions Presented

1. Whether defendants were entitled to a change of venue to Queens County based on improper venue when their venue demand was not timely served.
2. Whether defendants were entitled to discretionary relief under CPLR 510(3) based on the convenience of witnesses and the ends of justice.
3. Whether the public works contract's forum-selection clause required venue in New York County.

Disposition

affirmed