Grzesiak v. Abraham & Straus Stores

Lane (dissenting).

Plaintiffs brought this action to recover damage for personal injuries allegedly sustained by the infant Susan Grzesiak. The infant plaintiff was injured when her clothing caught fire while she was using a toaster oven. This action was commenced in New York County. The third-party defendant Collins & Aikman, Inc., moved at Special Term in New York County to change the venue of this action from New York County to Suffolk County. Other defendants joined in this motion. Special Term granted the relief requested on the ground that this is a transitory action whose venue is…