Morales v. City of New York

Appellate Division of the Supreme Court of New York

Morales v. City of New York

189 A.D.2d 581, 591 N.Y.S.2d 832, 1993 N.Y. App. Div. LEXIS 54

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

DecidedJanuary 7, 1993

StatusPublished

Cited by4 cases

This text of 189 A.D.2d 581 (Morales 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

Morales v. City of New York, 189 A.D.2d 581, 591 N.Y.S.2d 832, 1993 N.Y. App. Div. LEXIS 54 (N.Y. Ct. App. 1993).

Pincite

Opinion

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered November 20, 1991, which granted defendant City of New York’s motion to change the venue of this action from Bronx County to New York County, unanimously affirmed, without costs.

Defendant City’s delay in seeking a change of venue to New York County where the cause of action arose was not so inordinate as to preclude a discretionary change of venue pursuant to CPLR 510 (3) (see, Toro v Gracin, 148 AD2d 364). First, it appears that defendant did make a timely motion in October 1987 for a change of venue pursuant to CPLR 504 (3) which, for unexplained reasons, was never decided; second, the January 1991 preliminary conference order, to which plaintiffs attorney consented, provides for renewal of defendant’s motion to change venue; and third, disclosure has not yet commenced. All these factors distinguish this case from Ortiz v Broadway Mgt. Co. (188 AD2d 401). Given that the accident occurred in New York County, and that plaintiff does not articulate any compelling countervailing circumstances justifying retention of venue in Bronx County, it was not an abuse of discretion for the IAS Court to change venue to New York County (see, Mitchell v Palace Realty Co., 157 AD2d 561; Powers v East Hudson Parkway Auth., 75 AD2d 776; cf., Rogers v U-Haul Co., 161 AD2d 214). Concur—Murphy, P. J., Carro, Rosenberger, Ross and Asch, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered November 20, 1991, which granted defendant City of New York’s motion to change the venue of this action from Bronx County to New York County, unanimously affirmed, without costs.

Defendant City’s delay in seeking a change of venue to New York County where the cause of action arose was not so inordinate as to preclude a discretionary change of venue pursuant to CPLR 510 (3) (see, Toro v Gracin, 148 AD2d 364). First, it appears that defendant did make a timely motion in October 1987 for a change of venue pursuant to CPLR 504 (3) which, for unexplained reasons, was never decided; second, the January 1991 preliminary conference order, to which plaintiffs attorney consented, provides for renewal of defendant’s motion to change venue; and third, disclosure has not yet commenced. All these factors distinguish this case from Ortiz v Broadway Mgt. Co. (188 AD2d 401). Given that the accident occurred in New York County, and that plaintiff does not articulate any compelling countervailing circumstances justifying retention of venue in Bronx County, it was not an abuse of discretion for the IAS Court to change venue to New York County (see, Mitchell v Palace Realty Co., 157 AD2d 561; Powers v East Hudson Parkway Auth., 75 AD2d 776; cf., Rogers v U-Haul Co., 161 AD2d 214). Concur—Murphy, P. J., Carro, Rosenberger, Ross and Asch, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

189 A.D.2d 581, 591 N.Y.S.2d 832, 1993 N.Y. App. Div. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-city-of-new-york-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack