Opinion
2012-02-23
Antonio RODRIGUEZ, Plaintiff–Appellant, v. The CITY OF NEW YORK, et al., Defendants–Respondents.
Rubert & Gross, P.C., New York (Soledad Rubert of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for respondents.
Rubert & Gross, P.C., New York (Soledad Rubert of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for respondents.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 30, 2010, which granted defendants' motion to change venue from Bronx County to New York County, unanimously reversed, on the law, without costs, and the motion denied.
Bronx County was a proper venue for this action alleging false arrest, false imprisonment, malicious prosecution, assault, battery and civil rights violations. It is uncontested that plaintiff was arrested in Bronx County, and the alleged assault and battery, and related alleged civil rights violations, arose in Bronx County (CPLR 504[3]; see Garces v. City of New York, 60 A.D.3d 551, 877 N.Y.S.2d 12 [2009] ). Moreover defendants did not make a demand for a change of venue as required by CPLR 511(a). Defendants have made no showing that the convenience of witnesses required a change of venue to New York County, nor have they persuasively argued that the ends of justice favor such a change (CPLR 510[3] ).