Murphy v. Long Island Rail Road

Appellate Division of the Supreme Court of New York

Murphy v. Long Island Rail Road

239 A.D.2d 472, 657 N.Y.S.2d 206, 1997 N.Y. App. Div. LEXIS 5405

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

DecidedMay 19, 1997

StatusPublished

Cited by6 cases

This text of 239 A.D.2d 472 (Murphy v. Long Island Rail Road) 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

Murphy v. Long Island Rail Road, 239 A.D.2d 472, 657 N.Y.S.2d 206, 1997 N.Y. App. Div. LEXIS 5405 (N.Y. Ct. App. 1997).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lane, J.), entered March 14, 1996, which granted the motion of the third-party defendant Town of Huntington for a transfer of venue from Queens County to Suffolk County pursuant to CPLR 504 and 510.

Ordered that the order is reversed, on the law, with costs, and the motion to change venue from Queens County to Suffolk County is denied.

Impleading a municipality as a third-party defendant does not render improper venue previously designated in a proper county other than the one in which the municipality is situated (see, Holmes v Greenlife Landscaping, 171 AD2d 916; Vigliotti v Executive Land Corp., 183 AD2d 710). Rather, the municipality’s sole recourse is to seek a discretionary change of venue under CPLR 510 (2) or (3) (see, Holmes v Greenlife Landscaping, supra). Here, the third-party defendant Town of Huntington failed to demonstrate how its potential witnesses would in fact be inconvenienced if a change of venue were not granted and thus has failed to establish entitlement to relief pursuant to CPLR 510 (3) (see, O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 173). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lane, J.), entered March 14, 1996, which granted the motion of the third-party defendant Town of Huntington for a transfer of venue from Queens County to Suffolk County pursuant to CPLR 504 and 510.

Ordered that the order is reversed, on the law, with costs, and the motion to change venue from Queens County to Suffolk County is denied.

Impleading a municipality as a third-party defendant does not render improper venue previously designated in a proper county other than the one in which the municipality is situated (see, Holmes v Greenlife Landscaping, 171 AD2d 916; Vigliotti v Executive Land Corp., 183 AD2d 710). Rather, the municipality’s sole recourse is to seek a discretionary change of venue under CPLR 510 (2) or (3) (see, Holmes v Greenlife Landscaping, supra). Here, the third-party defendant Town of Huntington failed to demonstrate how its potential witnesses would in fact be inconvenienced if a change of venue were not granted and thus has failed to establish entitlement to relief pursuant to CPLR 510 (3) (see, O’Brien v Vassar Bros. Hosp., 207 AD2d 169, 173). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

239 A.D.2d 472, 657 N.Y.S.2d 206, 1997 N.Y. App. Div. LEXIS 5405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-long-island-rail-road-nyappdiv-1997.

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