Montilla v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Montilla v. New York City Housing Authority

250 A.D.2d 393, 671 N.Y.S.2d 655, 1998 N.Y. App. Div. LEXIS 5319

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

DecidedMay 7, 1998

StatusPublished

This text of 250 A.D.2d 393 (Montilla v. New York City Housing Authority) 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

Montilla v. New York City Housing Authority, 250 A.D.2d 393, 671 N.Y.S.2d 655, 1998 N.Y. App. Div. LEXIS 5319 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about October 1, 1997, which to the extent appealed from as limited by the parties’ briefs, granted defendant Housing Authority’s [394]*394motion to change venue of the action from Bronx County to New York County and denied defendants’ motion to dismiss the complaint upon the ground that plaintiffs’ notice of claim was defective, unanimously affirmed, without costs.

In the absence of an objection by a party with a superior statutory right to have venue placed elsewhere, the motion court properly granted defendant Housing Authority’s timely demand for a venue change to New York County, the county where its principal office is located (see, CPLR 505 [a]).

Respecting the issue raised on the cross appeal, the motion court correctly found that plaintiffs’ notice of claim was not deficient. The notice of claim sufficiently specified the location in which plaintiff’s accident allegedly occurred and thus enabled the municipal defendants to investigate and prepare to defend themselves against the claim (see, O’Keefe v City of New York, 181 AD2d 562). Concur — Sullivan, J. P., Ellerin, Nardelli, Rubin and Mazzarelli, JJ.

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—Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about October 1, 1997, which to the extent appealed from as limited by the parties’ briefs, granted defendant Housing Authority’s [394]*394motion to change venue of the action from Bronx County to New York County and denied defendants’ motion to dismiss the complaint upon the ground that plaintiffs’ notice of claim was defective, unanimously affirmed, without costs.

In the absence of an objection by a party with a superior statutory right to have venue placed elsewhere, the motion court properly granted defendant Housing Authority’s timely demand for a venue change to New York County, the county where its principal office is located (see, CPLR 505 [a]).

Respecting the issue raised on the cross appeal, the motion court correctly found that plaintiffs’ notice of claim was not deficient. The notice of claim sufficiently specified the location in which plaintiff’s accident allegedly occurred and thus enabled the municipal defendants to investigate and prepare to defend themselves against the claim (see, O’Keefe v City of New York, 181 AD2d 562). Concur — Sullivan, J. P., Ellerin, Nardelli, Rubin and Mazzarelli, JJ.

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Bluebook (online)

250 A.D.2d 393, 671 N.Y.S.2d 655, 1998 N.Y. App. Div. LEXIS 5319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montilla-v-new-york-city-housing-authority-nyappdiv-1998.

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