AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

MICHAEL VASQUEZ, Appellant, v. SHERRI B. SONIN et al., Respondents.

Plaintiff's selection of Bronx County as the venue was based on the Bronx address that appeared on the license and police accident report of defendant Sonin, the driver of the other car, who inadvertently admitted Bronx residency in her answer, but who subsequently demonstrated that the Bronx address was actually her office and mailing address and that at all relevant times her residence had been in Manhattan. Thus, while the IAS Court properly held that the Bronx was an improper county and that the action had to be transferred to a county of residence of one of the parties, either Westchester or New York, the county chosen should have been New York, plaintiff's alternative choice. The general rule that a plaintiff forfeits the right to select venue by choosing an improper venue in the first instance ( see, Roman v. Brereton, 182 A.D.2d 556) should not be applied where, as here, the choice of an improper venue was due to reliance reasonably placed on incorrect information contained in a license exhibited at the scene of an accident ( see, Vehicle and Traffic Law § 505; cf., McKenzie v. MAJ Tr., 204 A.D.2d 154; Pittman v. Maher, 202 A.D.2d 172, 176).

Concur — Ellerin, P. J., Nardelli, Williams and Rubin, JJ.

Use AI to get other relevant cases.

Comments

VASQUEZ v. SONIN
(Mar 16, 1999)