Alvarez v. Metropolitan Transportation Co.

CPLR 504 (1) would ordinarily place venue in Westchester County (see Powers v East Hudson Parkway Auth., 75 AD2d 776 [1980]; see also Chitayat u Princeton Restoration Corp., 289 AD2d 102 [2001]). However, when plaintiff named the Metropolitan Transportation Company as a defendant, a conflict arose between CPLR 504 (1) and 505 (a). Thus, the court had the discretion to choose a venue proper for at least one of the par*559ties or claims (CPLR 502). The court did not abuse its discretion when it left venue in Bronx County, where the motor vehicle accident occurred and where defendant bus driver…