Montilla v. New York City Housing Authority

Full title: VICTOR MONTILLA et al., Appellants-Respondents, v. NEW YORK CITY HOUSING…

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

Date published: May 7, 1998

250 A.D.2d 393 (N.Y. App. Div. 1998)

671 N.Y.S.2d 655

Opinion

May 7, 1998

Appeal from the Supreme Court, Bronx County (Lucindo Suarez, J.).

In the absence of an objection by a party with a superior statutory right to have venue placed elsewhere, the motion court properly granted defendant Housing Authority's timely demand for a venue change to New York County, the county where its principal office is located (see, CPLR 505 [a]).

Respecting the issue raised on the cross appeal, the motion court correctly found that plaintiffs' notice of claim was not deficient. The notice of claim sufficiently specified the location in which plaintiff's accident allegedly occurred and thus enabled the municipal defendants to investigate and prepare to defend themselves against the claim (see, O'Keefe v. City of New York, 181 A.D.2d 562).

Concur — Sullivan, J.P., Ellerin, Nardelli, Rubin and Mazzarelli, JJ.