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Tesfaye v. Swett

Appellate Division of the Supreme Court of New York, First Department
May 7, 1996
227 A.D.2d 150 (N.Y. App. Div. 1996)

Opinion

May 7, 1996

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).


Although plaintiff's original choice of Bronx County was properly based on his residence there (CPLR 503 [a]), the City's subsequent joinder (by plaintiff) as a party defendant, and the fact that the accident occurred in New York County, provided ample basis for a discretionary change of venue to New York County ( see, McAdoo v. Levinson, 143 A.D.2d 819). Although the City's motion for change of venue as of right pursuant to CPLR 504 (3) was untimely (CPLR 511 [b]), to the extent that the same motion sought a discretionary change of venue (CPLR 510), we find no inordinate delay, there being no indication of the extent to which the City had participated in disclosure, or of any other countervailing circumstances justifying nonfulfillment of the policy objectives of CPLR 504 (3) ( Morales v. City of New York, 189 A.D.2d 581).

Concur — Murphy, P.J., Wallach, Ross, Nardelli and Williams, JJ.


Summaries of

Tesfaye v. Swett

Appellate Division of the Supreme Court of New York, First Department
May 7, 1996
227 A.D.2d 150 (N.Y. App. Div. 1996)
Case details for

Tesfaye v. Swett

Case Details

Full title:YEMANE TESFAYE, Appellant, v. BRADFORD N. SWETT et al., Individually and…

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

Date published: May 7, 1996

Citations

227 A.D.2d 150 (N.Y. App. Div. 1996)
641 N.Y.S.2d 674

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