Braun v. Sid's 2nd Avenue Bike Shop, Inc.
Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 21, 2008, which granted plaintiffs motion pursuant to CPLR 510 (2) for a change of venue from New York County to Kings County, unanimously modified, on the facts, and venue transferred to Westchester County, and otherwise affirmed, without costs.
Plaintiff was injured in Orange County allegedly because of a defective, custom-made bicycle he had purchased from defendants. Plaintiff, an active Justice of the Supreme Court, New York County, commenced the instant action in New York County, where all parties reside. After joinder of issue, plaintiff moved to change venue to Kings County in order “to avoid even a possible appearance of impropriety.” In opposition, defendants stated that they had “no objection” to the New York County venue, but if appearances required a change of venue, then, in
Case-law data current through December 31, 2025. Source: CourtListener bulk data.