Carey v. Empire Paratransit Corp.
Opinion of the Court
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about September 15, 2010, which, in an action for personal injuries, granted defendants’ motion to transfer venue from Bronx County to New York County, unanimously affirmed, without costs.
Although defendants did not explicitly reference CPLR 502 in their submissions to the motion court, that does not preclude its application on appeal. Defendants noted the conflict between CPLR 505 (a) and (b), and the application of CPLR 502 is a purely legal determination involving no new facts. Its applicability is apparent and it could not have been avoided if raised at the proper juncture (see Chateau D’ If Corp. v City of New York, 219 AD2d 205, 209 [1996], lv denied 88 NY2d 811 [1996]).
We have considered plaintiffs remaining contentions and find them unavailing. Concur — Saxe, J.P., Acosta, DeGrasse, AbdusSalaam and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.