Summary
This Appellate Division decision reverses a Supreme Court order that denied the defendants' motion to change venue from Kings County to Suffolk County in a personal injury action. The court held that because the plaintiff selected an improper venue where neither the accident occurred nor any party resided, she forfeited her right to choose venue. Although the defendants' motion was filed six days late, making it subject to the court's discretion rather than a matter of right, the appellate court found the trial court improvidently exercised its discretion in denying the motion. Consequently, the venue change was granted, and all papers were ordered transferred to Suffolk County.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court erred in denying the defendants' CPLR 510 motion to change venue from Kings County to Suffolk County.
Holdings
- The appellate division reversed the lower court’s denial and granted the defendants’ motion to change venue to Suffolk County, finding that the Supreme Court abused its discretion.
Key quotations
“Venue is proper "in the county in which one of the parties resided when [the action] was commenced; [or] the county in which a substantial part of the events or omissions giving rise to the claim occurred" (id. § 503[a]).”
“Thus, their motion "became one addressed to the court's discretion" (Callanan Indus. v Sovereign Constr. Co., 44 AD2d 292, 295; see Obas v Grappell, 43 AD3d 431, 432; Horowicz v RSD Transp., 249 AD2d at 511).”
Factual background
In June 2022 the plaintiff, Delia Pujals, was a passenger in a vehicle that was struck on the Brooklyn Bridge by a vehicle driven by Zafeirios Haitidis and owned by National Herald, Inc. The accident occurred in New York County, not Kings County, and none of the parties resided in Kings County.
Procedural history
The plaintiff filed suit in Kings County alleging a personal‑injury accident that occurred on the Brooklyn Bridge. Defendants moved to change venue to Suffolk County under CPLR 510, serving a demand with their answer but filing the motion six days late. The Supreme Court, Kings County denied the motion. The defendants appealed.
Remand instructions
Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Supreme Court, Suffolk County, all papers filed in this action and certified copies of all minutes and entries.