Forrester v. City of New York

Appellate Division of the Supreme Court of New York

Forrester v. City of New York

15 A.D.3d 238, 788 N.Y.S.2d 852, 2005 N.Y. App. Div. LEXIS 1488

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 10, 2005

StatusPublished

This text of 15 A.D.3d 238 (Forrester v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forrester v. City of New York, 15 A.D.3d 238, 788 N.Y.S.2d 852, 2005 N.Y. App. Div. LEXIS 1488 (N.Y. Ct. App. 2005).

Pincite

Opinion

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered June 17, 2003, which, in an action for personal injuries sustained in the course of plaintiffs employment in a school located in New York County, denied plaintiff’s motion to vacate his default in opposing the motion of defendants City of New York and Board of Education to change venue from Bronx County to New York County, unanimously affirmed, without costs.

As plaintiff admits, Bronx County is not a proper venue (CPLR 504 [3]; 505 [a]). Absent any explanation as to how plaintiff could have thought that the school was located in Bronx County, even after receiving an insurer’s letter showing a New York County address, plaintiff will not be heard to argue that [239]*239there is a meritorious reason for retaining venue in Bronx County (cf. Philogene v Fuller Auto Leasing, 167 AD2d 178, 179 [1990]). Concur — Buckley, EJ., Tom, Marlow, Gonzalez and Catterson, JJ.

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Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered June 17, 2003, which, in an action for personal injuries sustained in the course of plaintiffs employment in a school located in New York County, denied plaintiff’s motion to vacate his default in opposing the motion of defendants City of New York and Board of Education to change venue from Bronx County to New York County, unanimously affirmed, without costs.

As plaintiff admits, Bronx County is not a proper venue (CPLR 504 [3]; 505 [a]). Absent any explanation as to how plaintiff could have thought that the school was located in Bronx County, even after receiving an insurer’s letter showing a New York County address, plaintiff will not be heard to argue that [239]*239there is a meritorious reason for retaining venue in Bronx County (cf. Philogene v Fuller Auto Leasing, 167 AD2d 178, 179 [1990]). Concur — Buckley, EJ., Tom, Marlow, Gonzalez and Catterson, JJ.

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Bluebook (online)

15 A.D.3d 238, 788 N.Y.S.2d 852, 2005 N.Y. App. Div. LEXIS 1488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forrester-v-city-of-new-york-nyappdiv-2005.

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