Legal Opinion

Carey v. Empire Paratransit Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 2011Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about September 15, 2010, which, in an action for personal injuries, granted defendants’ motion to transfer venue from Bronx County to New York County, unanimously affirmed, without costs.

*521CPLR 502 governs the instant case and not McKinney’s Consolidated Laws of NY, Book 1, Statutes § 238, since CPLR 502 directly address the situation herein, namely, conflicting venue provisions “because of joinder of claims or parties” (CPLR 502). Accordingly, the motion court was well within its discretion “to lay venue in a location…

2Cases cited3 opinions

  1. Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  2. Lawyers' Fund v. Gateway State BankAppellate Division of the Supreme Court of the State of New York · 1997
  3. Bennett v. BennettAppellate Division of the Supreme Court of the State of New York · 2008

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