McCall v. Berman

In a negligence action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Burrows, J.), entered December 23, 1991, as granted the defendant John T. Roberts’ motion for a change of venue from Bronx County to Westchester County.

Ordered that the order is affirmed insofar as appealed from, with costs.

While it has often been stated that, generally, the venue of a consolidated action should be placed in the county where the first action was commenced (see, Mitchel v Thacker, 159 AD2d 701), that rule is not inflexible.…