Zervos v. Vargas
Cases that cite this one
5 later published cases cite this decision.
- Belair Care Ctr., Inc. v. Cool Insuring Agency, Inc. (Appellate Division of the Supreme Court of New York 2020)
- Pomaquiza v. 145 WS Owner, LLC (Appellate Division of the Supreme Court of New York 2019)
- Nunez v. Yonkers Racing Corp. (Appellate Division of the Supreme Court of New York 2017)
- Batkhine v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2014)
- Batkhine v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated October 3, 2012, which granted the plaintiff’s cross motion to transfer venue of this action from Kangs County to Queens County and, in effect, denied their motion to transfer venue of this action from Kings County to Nassau County.
Ordered that the order is reversed, on the law, with costs, the defendants’ motion to transfer venue of this action from Kings County to Nassau County is granted, the plaintiffs cross motion to transfer venue of this action from Kings County to Queens County is denied, and the Clerk of the Supreme Court, Kings County, or, if warranted, the Clerk of the Supreme Court, Queens County, is directed to deliver to the Clerk of the Supreme Court, Nassau County, all papers filed in this action and certified copies of all minutes and entries (see CFLR 511 [d]).
The venue of an action should be placed “in the county in which one of the parties resided when it was commenced” (CFLR 503 [a]). The plaintiff commenced this action, placing venue in Kings County, based upon the purported residence of the defendant driver. Thereafter, the defendants served a timely
Accordingly, under the circumstances of this case, the Supreme Court should have granted the defendants’ motion to transfer venue as of right and transferred venue of this action from Kings County to Nassau County (see Ruiz v Lazala, 26 AD3d at 367).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.