Bustillo v. City of New York

Full title: JUAN BUSTILLO, Respondent, v. CITY OF NEW YORK et al., Appellants

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

Date published: Feb 22, 1994

201 A.D.2d 395 (N.Y. App. Div. 1994)

607 N.Y.S.2d 667

Opinion

February 22, 1994

Appeal from the Supreme Court, New York County (Salvador Collazo, J.).

The accident occurred at a Queens intersection when plaintiff (a Queens resident) was struck by a vehicle owned by defendant Dhula (another Queens resident) and operated by defendant Maltese (still another Queens resident), an alleged car thief. The offending vehicle was being hotly pursued by the police at the time.

Defendant Dhula's motion, supported by the municipal defendant, was unopposed, as is these defendants' appeal. Venue in this $10,000,000 personal injury action was required to be lodged "in the county within the city in which the cause of action arose" (CPLR 504). Accordingly, denying removal of the case from New York County was error.

Concur — Murphy, P.J., Carro, Wallach and Ross, JJ.