Practice point: The moving defendant failed to substantiate
its claim that, upon the discontinuance of this action against the other
defendant, none of the parties was a resident of Queens
County, since it failed to submit
any proof as to its own residence, pursuant to CPLR 503[a], [c].
Student note: Additionally, the moving defendant failed to
demonstrate that venue should be transferred based on the convenience of
witnesses, pursuant to CPLR 510[3].
Case: Amoroso v. Stop & Shop, NY Slip Op 07081
(2d Dept. 2012).
Tomorrow’s issue: A fall from a ladder at the worksite.
