Opinion
2011-11-29
Diana PARKER, as Executor of the Estate of Gertrude Neumark Rothschild, Plaintiff–Appellant, v. TROUTMAN SANDERS LLP, et al., Defendants–Respondents.
Mintz Levin Cohn Ferris Glovsky & Popeo, PC, New York (John M. Delehanty of counsel), for appellant. Meiselman, Denlea, Packman, Carton & Eberz P.C., White Plains (Joanna F. Sandolo of counsel), for Troutman Sanders LLP, respondent.
Mintz Levin Cohn Ferris Glovsky & Popeo, PC, New York (John M. Delehanty of counsel), for appellant. Meiselman, Denlea, Packman, Carton & Eberz P.C., White Plains (Joanna F. Sandolo of counsel), for Troutman Sanders LLP, respondent. Davis & Gilbert LLP, New York (David S. Greenberg of counsel), for Albert Jacobs LLP and Albert Jacobs, respondents.MAZZARELLI, J.P., ANDRIAS, FRIEDMAN, CATTERSON, FREEDMAN, JJ.
Order, Supreme Court, New York County (Paul Wooten, J.), entered April 1, 2011, which, to the extent appealed from, denied plaintiff's motion to place venue of the consolidated action in New York County and granted the cross motions of defendants to place venue in Westchester County, unanimously affirmed, without costs.
Defendants filed their actions in Westchester County before plaintiff filed her action in New York County. Accordingly, upon consolidating the related actions pursuant to CPLR 602, the court providently exercised its discretion in placing venue in Westchester County ( Teitelbaum v. PTR Co., 6 A.D.3d 254, 255, 774 N.Y.S.2d 699 [2004] ). Plaintiff failed to show that material witnesses would be inconvenienced ( id.), or that other special circumstances warranted placing venue in New York County, which would depart from the first-filed rule ( cf. Harrison v. Harrison, 16 A.D.3d 206, 207, 793 N.Y.S.2d 5 [2005] ) and ( see Velasquez v. C.F.T., Inc., 240 A.D.2d 178, 179, 657 N.Y.S.2d 707 [1997] ).
We decline to determine whether defendants' complaints were facially defective due to their alleged failure to comply with part 137 of the Judiciary Law ( see 22 NYCRR 137.6[b] ), as it is for the Westchester County court to address such a claim.