Francis v. Midtown Express, LLC

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered February 20, 2014, which granted defendant Midtown Express, LLC’s motion to change venue to Westchester County pursuant to CPLR 510 (3), unanimously reversed, on the law, without costs, and the motion denied.

Plaintiffs designation of Bronx County as the venue for this action was proper based on the residence of defendant Francis, whose address is set forth on the face of the summons (CPLR 503 [a]). Although the summons incorrectly states that venue is based on plaintiffs residence, which is in Westchester County, that…