Coleman v. Vansteen

Order unanimously reversed on the law without costs and motion denied. Memorandum: Plaintiff commenced this action by the service of a summons with notice upon defendants on November 8 and 11, 1994, to recover damages for personal injuries he allegedly sustained on July 24, 1993. The summons with notice designated "City Court City of Utica” as the forum of the action. Following defendants’ appearance in the action, plaintiff served his complaint, which also designated "City Court City of Utica” as the forum.

Plaintiff subsequently moved in Supreme Court, Oneida County, for an order pursuant to…