Ocasio v. Town of Greenburgh

Appellate Division of the Supreme Court of New York

Ocasio v. Town of Greenburgh

79 A.D.3d 426, 910 N.Y.S.2d 908

Appellate Division of the Supreme Court of the State of New York·Decided December 2, 2010·Published

Opinion

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about November 27, 2009, which denied without prejudice defendant School District’s motion for summary judgment, and also denied a change of venue from Bronx to Westchester County, unanimously affirmed, without costs.

A central issue in this case is which defendant(s) owed a duty to the injured infant plaintiff, a passenger in a bus, the primary purpose of which was to transport students to and from Greenburgh Eleven Union Free School District. The District’s affidavit offers only self-serving conclusions (see Ayotte v Gervasio, 81 NY2d 1062 [1993]), and summary disposition was premature before completion of discovery (see Palmer v Trachtenberg, 268 AD2d 304 [2000]). In light of the alleged assault’s occurrence in the Bronx and the presence of the municipal co-defendants in this action, denial of change of venue outside New York City was a sound exercise of discretion (CPLR 504 [3]; see Fucito v Board of Educ. of City of N.Y., 190 AD2d 605 [1993]). Concur — Tom, J.P., Friedman, DeGrasse, Freedman and Manzanet-Daniels, JJ.

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Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about November 27, 2009, which denied without prejudice defendant School District’s motion for summary judgment, and also denied a change of venue from Bronx to Westchester County, unanimously affirmed, without costs.

A central issue in this case is which defendant(s) owed a duty to the injured infant plaintiff, a passenger in a bus, the primary purpose of which was to transport students to and from Greenburgh Eleven Union Free School District. The District’s affidavit offers only self-serving conclusions (see Ayotte v Gervasio, 81 NY2d 1062 [1993]), and summary disposition was premature before completion of discovery (see Palmer v Trachtenberg, 268 AD2d 304 [2000]). In light of the alleged assault’s occurrence in the Bronx and the presence of the municipal co-defendants in this action, denial of change of venue outside New York City was a sound exercise of discretion (CPLR 504 [3]; see Fucito v Board of Educ. of City of N.Y., 190 AD2d 605 [1993]). Concur — Tom, J.P., Friedman, DeGrasse, Freedman and Manzanet-Daniels, JJ.

Ocasio v. Town of Greenburgh, 79 A.D.3d 426, 910 N.Y.S.2d 908 (N.Y. Ct. App. 2010).

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Opinion

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