Smith v. City of New York

The plaintiff, a Bronx resident, was a passenger on the appellants’ bus when it collided with a New York City sanitation truck at an intersection in The Bronx. She allegedly sustained personal injuries, and brought suit against the defendants, setting venue in The Bronx pursuant to CPLR 503 (a) and 504 (3). The defendant County of Westchester and Liberty Lines Transit, Inc., moved for a change of venue, arguing that CPLR 504 (1) as well as 510 (3) mandated a transfer of venue to Westchester County. Their motion was denied.

Where statutory venue provisions are in conflict, the court *595may, under…