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ESPINOZA v. CONCORDIA INT

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2007
39 A.D.3d 258 (N.Y. App. Div. 2007)

Opinion


39 A.D.3d 258 836 N.Y.S.2d 3 Gladys Espinoza, Respondent v. Concordia International Forwarding Corp., Defendant, and Professional Line Warehousing Inc., Doing Business as Pro Line Warehousing Inc., et al., Appellants. 2007-02975 Supreme Court of New York, First Department April 5, 2007

         COUNSEL

         Robert L. Dougherty, Garden City, for appellants.

         Finkelstein s&sPartners, L.L.P., Newburgh (Terry D. Horner of counsel), for respondent.

         Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered April 4, 2006, which denied defendants' motion to change venue from Bronx County to Queens County, unanimously reversed, on the law, the facts and in the exercise of discretion and the motion granted, without costs.

         The motion court improvidently exercised its discretion since Queens County is the site where plaintiff's personal injury claim arose, where plaintiff resides and was treated for her injuries, and where the corporate defendants conduct business (see Ohrenstein v LaGuardia Racquet Club, 118 A.D.2d 515 [1986]; John H. Dair Bldg. Constr. Co. v Mayer, 27 A.D.2d 535 [1966]). The sole connection to Bronx County is that it is the residence of the nominal, individual defendant, an employee of the corporate defendant who admittedly was acting within the scope of his duties at the time of the accident, such that if liability were adjudged against him, he would be indemnified by his employer.

         Concur--Andrias, J.P., Sullivan, Williams, Gonzalez and Malone, JJ.

Summaries of

ESPINOZA v. CONCORDIA INT

Appellate Division of the Supreme Court of New York, First Department
Apr 5, 2007
39 A.D.3d 258 (N.Y. App. Div. 2007)
Case details for

ESPINOZA v. CONCORDIA INT

Case Details

Full title:GLADYS ESPINOZA, Respondent, v. CONCORDIA INTERNATIONAL FORWARDING CORP.…

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

Date published: Apr 5, 2007

Citations

39 A.D.3d 258 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 2991
836 N.Y.S.2d 3

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