Opinion
Not published with other decisions of April 1986, 119 A.D.2d 425 [Rep.
Appeal from the Supreme Court, New York County (Andrew Tyler, J.).
The plaintiffs are an infant and the infant's mother, who commenced this negligence action for injuries sustained when the infant was struck by an automobile in Riverhead, in Suffolk County, which automobile was owned and operated by the defendant Maas, who is not appealing. Named defendants are ITT Continental Baking Company, a subsidiary of ITT Corporation, whose Wonder Bread truck was allegedly obstructing the roadway upon which the infant was struck by the Maas vehicle, and the driver of the truck.
It is contended that ITT Corporation, which has a place of business in New York County, did not own the Wonder Bread vehicle and was improperly joined as a party defendant. However, the defendants never moved to dismiss pursuant to CPLR 3211 (a) and, thus, that issue is not before us. Defendants sought a change of venue on the ground of forum non conveniens, inasmuch as the accident occurred in Suffolk County, and the witnesses, the plaintiffs and the defendant Maas all resided in Suffolk County.
This action bears no relationship to New York County and belongs in Suffolk County. (Teiner v. Manooche Homayoon, M.D., P.C., 111 A.D.2d 104.)
Concur — Kupferman, J.P., Sullivan, Lynch, Rosenberger and Ellerin, JJ.