Opinion
October 25, 1990
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
In Queens County, the plaintiff, a trackman in defendant's employ, slipped on an area adjacent to a railroad track. He subsequently commenced an action, pursuant to the Federal Employers' Liability Act ( 45 U.S.C. § 51 et seq.), against the defendant in New York County. The defendant's amended certificate of incorporation designates New York County as its principal place of business. The defendant sought a change of venue from New York County to Queens County, where the accident occurred and where the defendant has general offices.
The plaintiff had the right to choose a proper county in which to sue, and there has been no showing that the balance of convenience requires a change of venue. (Green v. Shortts, 145 A.D.2d 340.)
Concur — Murphy, P.J., Kupferman, Ross and Ellerin, JJ.