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Alverio v. Delta International Mach. Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1988
139 A.D.2d 419 (N.Y. App. Div. 1988)

Opinion

April 7, 1988

Appeal from the Supreme Court, Bronx County (Harold Tompkins, J.).


The action grows out of an accident in which plaintiff's fingers were severed by a circular saw. At the time, plaintiff, a Bronx County, New York City resident, was working at the premises of his employer, Universal Unlimited, Inc. (Universal), the third-party defendant, in Nassau County. He was apparently treated at a hospital in Nassau County and another in Bronx County.

Plaintiff, a resident of Bronx County, brought this action against the defendant Delta International Machinery Corporation (Delta), a foreign corporation. Defendant Delta brought a third-party action against Universal.

The action was properly brought in Bronx County by the plaintiff who resides there. CPLR 503 (a) requires an action to be brought "in the county in which one of the parties resided when it was commenced". In addition, the papers in support of the defendant's motion for a change of venue did not meet the requirements of specificity as to the names and addresses of witnesses and the nature of their testimony (see, Stavredes v United Skates, 87 A.D.2d 502 [1st Dept 1982]; McGuire v General Elec. Co., 117 A.D.2d 523 [1st Dept 1986]). Moreover, the case has already proceeded in Bronx County to the extent of the deposition of the plaintiff and of the third-party defendant.

Concur — Kupferman, J.P., Sandler, Carro, Rosenberger and Smith, JJ.


Summaries of

Alverio v. Delta International Mach. Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1988
139 A.D.2d 419 (N.Y. App. Div. 1988)
Case details for

Alverio v. Delta International Mach. Corp.

Case Details

Full title:SALOME ALVERIO, Appellant, v. DELTA INTERNATIONAL MACHINERY CORPORATION…

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

Date published: Apr 7, 1988

Citations

139 A.D.2d 419 (N.Y. App. Div. 1988)

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