Tesfaye v. Swett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered April 19, 1995, which, insofar as appealed from as limited by plaintiff’s brief, granted defendants’ motion for a change of venue from Bronx County to New York County, unanimously affirmed, without costs.
Although plaintiff’s original choice of Bronx County was properly based on his residence there (CPLR 503 [a]), the City’s subsequent joinder (by plaintiff) as a party defendant, and the fact that the accident occurred in New York County, provided ample basis for a discretionary change of venue to New York County (see, McAdoo v…
2Cases cited2 opinions
- McAdoo v. LevinsonAppellate Division of the Supreme Court of the State of New York · 1988
- Morales v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993