Philogene v. Fuller Auto Leasing

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 24, 1989, which denied defendants’ motion pursuant to CPLR 503 and 511 (a) to change venue from New York to Richmond County, unanimously reversed, on the law, with costs and disbursements, and the motion granted.

Plaintiff was injured in an automobile accident which occurred on March 17, 1987 in New York County. He thereafter commenced this action on June 30, 1987. The summons did not identify plaintiff’s residence or the basis of the venue as selected. The complaint did allege that plaintiff "is a resident of the…