Practice point: In this slip and fall action where plaintiff is a Kentucky resident, the Appellate Division determined that venue was
properly transferred to Albany County. The designation of venue in New York County was proper, pursuant to CPLR 503(c), since two of the corporate defendants have their principal places of business within that county. However, the situs of plaintiff's injury provides a
basis for a discretionary change of venue, pursuant to CPLR 510
[3], in that, all things being equal, a transitory action should be tried
in the county where the cause of action arose.
Student note: This rule is predicated on the
notion of convenience for trial witnesses to be present at trial.
Case: Wickman v. Pyramid Crossgates Co., NY Slip Op 03235 (1st Dept. 2015)
Here is the decision.
Monday's issue: A counterclaim for breach of contract resulting in lost business opportunities.
