Andreadis v. Long Island Railroad Co.

Appellate Division of the Supreme Court of New York

Andreadis v. Long Island Railroad Co.

166 A.D.2d 338, 561 N.Y.S.2d 8, 1990 N.Y. App. Div. LEXIS 12765

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1990·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered March 26, 1990, which granted defendant’s motion for á change of venue pursuant to CPLR 510 (1) and (3), unanimously reversed, on the law, and the motion denied, without costs.

In Queens County, the plaintiff, a trackman in defendant’s employ, slipped on an area adjacent to a railroad track. He subsequently commenced an action, pursuant to the Federal Employers’ Liability Act (45 USC § 51 et seq.), against the defendant in New York County. The defendant’s amended certificate of incorporation designates New York County as its principal place of business. The defendant sought a change of venue from New York County to Queens County, where the accident occurred and where the defendant has general offices.

The plaintiff had the right to choose a proper county in which to sue, and there has been no showing that the balance of convenience requires a change of venue. (Green v Shortts, 145 AD2d 340.) Concur—Murphy, P. J., Kupferman, Ross and Ellerin, JJ.

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Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered March 26, 1990, which granted defendant’s motion for á change of venue pursuant to CPLR 510 (1) and (3), unanimously reversed, on the law, and the motion denied, without costs.

In Queens County, the plaintiff, a trackman in defendant’s employ, slipped on an area adjacent to a railroad track. He subsequently commenced an action, pursuant to the Federal Employers’ Liability Act (45 USC § 51 et seq.), against the defendant in New York County. The defendant’s amended certificate of incorporation designates New York County as its principal place of business. The defendant sought a change of venue from New York County to Queens County, where the accident occurred and where the defendant has general offices.

The plaintiff had the right to choose a proper county in which to sue, and there has been no showing that the balance of convenience requires a change of venue. (Green v Shortts, 145 AD2d 340.) Concur—Murphy, P. J., Kupferman, Ross and Ellerin, JJ.

Andreadis v. Long Island Railroad Co., 166 A.D.2d 338, 561 N.Y.S.2d 8, 1990 N.Y. App. Div. LEXIS 12765 (N.Y. Ct. App. 1990).

Pincite

166 A.D.2d 338 (Andreadis v. Long Island Railroad Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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