Swainson v. Clee

Full title: HOWARD SWAINSON et al., Respondents, v. NATHANIEL CLEE, Appellant

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

Date published: May 25, 1999

261 A.D.2d 301 (N.Y. App. Div. 1999)

693 N.Y.S.2d 848

Opinion

May 25, 1999

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).

The IAS Court properly denied defendant's motion to transfer venue to Westchester County pursuant to CPLR 504 (1), since that statute exists for the benefit of a county or other governmental entity named as a defendant and not for the benefit of an individual litigant such as defendant ( see, Forteau v. County of Westchester, 196 A.D.2d 440). Westchester County is not a party to this action.

Concur — Ellerin, P. J., Rosenberger, Williams, Andrias and Saxe, JJ.