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Johnson v. Metropolitan Suburban Bus Auth

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 682 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

Appeal from the Supreme Court, Nassau County (Roncallo, J.).


Ordered that the order is reversed, on the law and the facts, without costs or disbursements, the motion is granted, the Clerk of the Supreme Court, Queens County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in the action and certified copies of all minutes and entries (CPLR 511 [d]).

We find that the court improvidently exercised its discretion in denying the appellant's motion to transfer venue from Queens to Nassau County. Since the principal office of the appellant is located in Nassau County, Nassau County is the proper place of venue pursuant to CPLR 505 (a). Moreover, we find that the plaintiffs' opposition papers failed to establish that the convenience of witnesses required that venue should be retained in Queens County (see, Bolling v. Metropolitan Suburban Bus Auth., 205 A.D.2d 724; Bell v. Cusano, 197 A.D.2d 382). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

Johnson v. Metropolitan Suburban Bus Auth

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 682 (N.Y. App. Div. 1994)
Case details for

Johnson v. Metropolitan Suburban Bus Auth

Case Details

Full title:JENNIFER JOHNSON et al., Respondents, v. METROPOLITAN SUBURBAN BUS…

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

Date published: Oct 17, 1994

Citations

208 A.D.2d 682 (N.Y. App. Div. 1994)
617 N.Y.S.2d 369