Inasmuch as MTA is not liable for the torts of its subsidiary, MTA-Long Island Bus ("MTA-LIB") that arise out of the subsidiary's operations, it is not a proper party in this action. Therefore, its motion to dismiss should have been granted (Noonan v. Long Island R.R., 158 A.D.2d 392, 393), and its headquarters cannot serve as the basis for laying venue (see, Chow v. Long Island R.R., 202 A.D.2d 154). Consequently, upon such dismissal of claims as to MTA, venue should be changed to the county of MTA-LIB's principal place of business, Nassau County (CPLR 505[a]; Noonan v. Long Island R.R., supra; see also,Shaeffer v. Long Island R.R., 112 A.D.2d 153). Plaintiffs' contentions in support of Queens County as the proper venue are without merit, since they fail to demonstrate compelling circumstances regarding the convenience of witnesses (see, Powers v. East Hudson Parkway Auth., 75 A.D.2d 776) and fail to demonstrate that MTA-LIB has "facilities involved in the action" (CPLR 505[a]; see, Bourne v. Long Island R.R., 158 Misc.2d 213) located there.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.