A Bronx County court found that the plaintiff had selected an improper venue for the subject motor vehicle accident case, and granted defendant’s motion to change venue from Bronx County to Nassau County. The court also denied plaintiff’s motion for consolidation and joint trial of the action with a pending action in Queens County.

Plaintiff had commenced the action in the Bronx, selecting the venue purportedly based upon the defendant’s county of residence. Justice Ruben Franco ruled that, based upon her affidavit, the defendant did not reside in Bronx County on the date of commencement of this action, and therefore that Bronx County was an improper venue.

Since plaintiff chose an improper venue he had forfeited his right to select venue, and therefore the action would be transferred to the venue of defendant’s choosing which was Nassau County. Defendant contended this is the proper venue since plaintiff resides in that County.

Justice Ruben denied plaintiff’s cross-motion to consolidate the action with another action for a prior accident that is venues in Queens County, with leave to renew and request consolidation after the change in venue.

Abrams Gorelick associate Jay S. Gunsher briefed and argued the motion.

Attorneys
Jay S. Gunsher