Opinion
8376N Index 153639/18
02-07-2019
COUNTRY–WIDE INSURANCE COMPANY, Plaintiff–Appellant, v. Frances MELIA, Defendant–Respondent, Bishwanan Jagmohan, Defendant.
Thomas Torto, New York, for appellant. Held & Hines, L.L.P., New York (Scott B. Richman of counsel), for respondent.
Thomas Torto, New York, for appellant.
Held & Hines, L.L.P., New York (Scott B. Richman of counsel), for respondent.
Sweeny, J.P., Tom, Webber, Kahn, Kern, JJ.
Defendant met its burden for a discretionary change of venue of this action from New York County to Queens County ( Wickman v. Pyramid Crossgates Co., 127 A.D.3d 530, 531, 9 N.Y.S.3d 13 [1st Dept. 2015] ; see Tricarico v. Cerasuolo, 199 A.D.2d 142, 605 N.Y.S.2d 84 [1st Dept. 1993] ). While plaintiff insurance company has its principal place of business in New York County, this action arose in Queens County, two related actions based upon the same accident were venued in Queens County, the subject insurance policy was issued in Queens, and the elderly defendant lives in a nursing home there. Under these circumstances, changing venue to Queens County will better promote the ends of justice ( Wickman, 127 A.D.3d at 531, 9 N.Y.S.3d 13 ).