Weiss v. Wal-Mart Stores East, L.P.

Order, Supreme Court, New York County (Paul Wooten, J.), entered August 18, 2010, which, in an action for personal injuries, denied defendant’s motion to change venue from New York County to Suffolk County, unanimously reversed, on the law, without costs, and the motion granted.

Defendant met its initial burden of establishing that the venue chosen by plaintiff was improper (see Hernandez v Seminatore, 48 AD3d 260 [2008]; CPLR 510 [1]). Defendant submitted proof indicating that plaintiffs claimed residence in New York County was an office building, not an apartment building. Defendant also…