Opinion
13352N Index No. 151079/19 Case No. 2020-00603
03-16-2021
Appell & Parrinelli, New York (John J. Appell of counsel), for appellants.
Appell & Parrinelli, New York (John J. Appell of counsel), for appellants.
Renwick, J.P., Kapnick, Oing, Moulton, JJ.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about December 18, 2019, which, to the extent appealed from, changed venue of the Jane and John Doe plaintiffs’ claims from New York County to Westchester County, unanimously reversed, on the law, without costs, and the change of venue of those claims vacated. Upon defendant 181 Westchester Ave. LLC's motion to change venue of this matter pursuant to CPLR 501 as to the claims asserted by plaintiff Caro Home, LLC, based on a contractual provision in a lease agreement between those two parties, the court erred in sua sponte changing venue as to the claims of the Jane and John Doe plaintiffs (see Bank of N.Y. v. Elance, Inc., 309 A.D.2d 725, 765 N.Y.S.2d 270 [2d Dept. 2003] ). Nor was there a showing of inconvenience of witnesses sufficient to support a change in venue (see e.g. Lividini v. Goldstein, 175 A.D.3d 420, 423, 107 N.Y.S.3d 18 [1st Dept. 2019] ).