From Casetext: Smarter Legal Research

DeLvalle v. Baldor Electric Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 445 (N.Y. App. Div. 1999)

Opinion

Submitted August 17, 1999

October 18, 1999

In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (G. Aronin, J.).


ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff chose Kings County as the place of trial. However, since none of the parties resided in that county at the time of the commencement of the action, the plaintiff's choice of venue was improper and he forfeited his right to select venue (see, Llorca v. Manzo, 254 A.D.2d 396; Santarpia v. First Fid. Leasing Group, 254 A.D.2d 407). Nevertheless, this did not preclude the Supreme Court from entertaining the plaintiff's motion to change the venue of the action as a matter of discretion (see, Carrasco v. Cablevision Sys. Corp., 248 A.D.2d 122; Berberich v. York Scaffold Equip. Corp., 177 A.D.2d 451).

Since the plaintiff resides in Bronx County, the Supreme Court properly exercised its discretion by transferring venue to Bronx County (see, CPLR 503[a]).

MANGANO, P.J., SANTUCCI, KRAUSMAN, FLORIO, and H. MILLER, JJ., concur.


Summaries of

DeLvalle v. Baldor Electric Company

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 445 (N.Y. App. Div. 1999)
Case details for

DeLvalle v. Baldor Electric Company

Case Details

Full title:DIONISIO DeLVALLE, respondent, v. BALDOR ELECTRIC COMPANY, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1999

Citations

265 A.D.2d 445 (N.Y. App. Div. 1999)
696 N.Y.S.2d 523

Citing Cases

TRUST U/W/O NICK GALLIPOLI v. RUSSO

See, Pickering v. Westchester County Health Care Corp. , 41 AD3d 454 (2nd Dept. 2007); Ruiz v. Lazala, supra;…

Ruiz v. Lazala

CPLR 503 (a) provides, in pertinent part, "Except where otherwise prescribed by law, the place of trial shall…