Micale v. Jones

Bloom and Kassal, JJ.,

dissent in a memorandum by Kassal, J., as follows: I disagree with the conclusion reached by the majority which, in continuing the action in Bronx County, rewards the plaintiffs for what, on this record, appears to be a fraud on the court. The action, commenced in Bronx County, seeks to recover damages for personal injuries sustained in a motor vehicle accident which occurred on April 9,1979. The accident occurred on Yonkers Avenue in Westchester County, when plaintiffs’ vehicle was struck in the rear by a truck owned by defendant A-Scrap Dealers, Inc. (A-Scrap), and…