Esser v. Ciarmella

Apparently, plaintiffs are to be deprived of their right to have this action tried in a properly designated County of their choice (CPLR 509) for frivolous reasons supported neither by the moving papers nor the well established precedent of this Court. It is undisputed that plaintiffs, students at the Stony Brook campus of the State University of New York, were both permanent residents of New York County at the time this action was commenced and, thus, designation of this County for trial of the action was entirely proper (CPLR 503 [a]). The affidavits of defendant’s counsel, submitted in…