Practice point: In this medical malpratice action, the claims relate to treatment rendered at a hospital located in Nassau County. Many of the individual defendants reside in
Nassau County, and all of the individual defendants worked in Nassau County
at the time of the alleged malpractice and lack of informed consent. The
plaintiffs themselves resided in Nassau County at the time each action
was commenced.
The Appellate Division determined that, under these circumstances, the Supreme Court providently
exercised its discretion in granting those branches of the cross motions
which were to place the venue of the consolidated action in Nassau
County and denying that branch of the plaintiffs' motion which was to
place venue in Queens County.
Student note: When a trial court orders consolidation or joint trials under CPLR 602(a), venue should generally be placed in the county where jurisdiction was invoked in the first action. However, the court, in its discretion, may place venue elsewhere.
Case: Castro v. Durban, NY Slip Op 04600 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Summary judgment in a discriminatory employment action.
