BECAUSE PLAINTIFF LIVED IN MANHATTAN, HE FILED CLAIM THERE
Even though he had been injured while riding a bike in Suffolk County, because he lived in Manhattan, DH filed a personal injury case in New York County Supreme Court.
When the defendants made a motion to change the case’s venue from Manhattan to Suffolk, on inconvenient forum or forum non conveniens grounds, that request was denied by the New York County Justice assigned to the matter.
On appeal, the Appellate Division, First Department, also had some issues with the transfer request. While four affidavits from non-party witnesses were offered in support of the motion, the “materiality and relevancy of their proposed testimony” was unclear. Nor was it shown how they would be prejudiced by a trial of the action in New York County.
Given those deficiencies, the underlying determination was “unanimously affirmed,” and the denial of the transfer was left undisturbed.
Now how inconvenient was that?
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DECISION