Opinion
2002-10764
Submitted September 24, 2003
October 20, 2003.
In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Durante, J.), dated October 30, 2002, which denied their motion to change the venue of the action from Queens County to Nassau County.
C. Robinson Associates, P.C., New York, N.Y. (Janese Thompson and Michael L. Moriello of counsel), for appellants.
Irving Gingold, P.C., Roslyn Heights, N.Y., for respondent.
MYRIAM J. ALTMAN, J.P. SONDRA MILLER LEO F. McGINITY THOMAS A. ADAMS WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the Clerk of the Supreme Court, Queens County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in this action and certified copies of all minutes and entries ( see CPLR 511[d]).
After the Supreme Court granted the defendants' motion to vacate their default in answering the complaint, the defendants timely moved to transfer venue from Queens County to Nassau County ( see CPLR 511). Under the circumstances of this case, the defendants' motion to transfer venue of the action to Nassau County, on the ground that venue properly lies in the county in which the defendant village is situated, should have been granted ( see CPLR 504, 9803; Chavez v. School Constr. Consultants, 284 A.D.2d 361; Chetrick v. Cohen, 266 A.D.2d 254; Ruiz v. City of New York, 195 A.D.2d 327; cf. Manshul Constr. Corp. v. Sawyers Glass Corp., 242 A.D.2d 262; Champion v. City of New York, 203 A.D.2d 508; Yasgour v. City of New York, 169 A.D.2d 673). Accordingly, the Supreme Court, Queens County, erred in denying the motion.
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.