Venuti v. Novelli

The instant action against defendant Joseph Novelli, the infant plaintiff’s granduncle, was commenced in Bronx County, based upon the claim the defendant maintained a place of business in that County. The complaint alleged that defendant’s negligent maintenance of property in Westchester County resulted in injuries to the infant plaintiff for which the infant and his father sought damages.

The IAS court initially granted defendant’s motion to change venue to Westchester County, recognizing that that County, where all parties resided, was the proper place of venue. It concluded that plaintiffs…