ACCIDENT VICTIM KEEPS HER RIGHT TO CHOOSE COUNTY WHERE LAWSUIT IS CONDUCTED (VENUE)

Court: Supreme Court, Appellate Division, First Department, New York

Case: Maribel Caguioa Astillero v. David Abramov

Date: Feb. 2, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident lawyer)

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Order, Supreme Court, New York County (George J. Silver, J.), entered January 4, 2011, which, in an action for personal injuries arising out of a motor vehicle accident, denied defendants' motion to change venue from New York County to Nassau County, and granted that part of plaintiff's cross motion to change venue to Queens County, unanimously affirmed, without costs.

Plaintiff initially chose an improper venue in New York County. However, plaintiff selected this venue based on Department of Motor Vehicle records, which indicated that defendant Asia Abramov resided in New York County. Defendant Abramov had recently moved to Queens County, but failed to notify the Department of Motor Vehicle as required by VTL Sec. 505(5). Under these circumstances, plaintiff did not forfeit her right to choose a venue by her initial choice of a venue that turned out to be improper (see Vasquez v. Sonin, 259 A.D.2d 340, 341, 687 N.Y.S.2d 30 [1999]).

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