Seales v. Metro North Commuter Railroad

In an action to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan, J.), dated December 23, 1992, which granted the defendant’s motion to transfer the venue of the action from Bronx County to Westchester County and awarded the defendant $670 in costs.

Ordered that the order is modified, on the law, by reducing the costs to be paid to the plaintiff to $100; as so modified, the order is affirmed, without costs or disbursements.

Inasmuch as Public Authorities Law § 1266 (5) affords the defendant railroad, which is a corporate…