Legal Opinion
Parker v. Troutman Sanders LLP
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2011PublishedCited by 1 opinion
1Opinion of the Court
Defendants filed their actions in Westchester County before plaintiff filed her action in New York County. Accordingly, upon consolidating the related actions pursuant to CPLR 602, the court providently exercised its discretion in placing venue in Westchester County (Teitelbaum v PTR Co., 6 AD3d 254, 255 [2004]). Plaintiff failed to show that material witnesses would be inconvenienced (id.), or that other special circumstances warranted placing venue in New York County, which would depart from the first-filed rule (cf. Harrison v Harrison, 16 AD3d 206, 207 [2005]) and (see Velasquez v C.F.T.,…
2Cases cited3 opinions
- Velasquez v. C.F.T., Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Teitelbaum v. PTR Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Harrison v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by1 opinion
- Preferred Mut. Ins. Co. v. MonahanAppellate Division of the Supreme Court of the State of New York · 2026