Rodriguez v City of New York

Rodriguez v City of New York 2012 NY Slip Op 01377 Decided on February 23, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 23, 2012
Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
6910N 303467/10

[*1]Antonio Rodriguez, Plaintiff-Appellant,

v

The City of New York, et al., Defendants-Respondents.




Rubert & Gross, P.C., New York (Soledad Rubert of counsel),
for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Susan B.
Eisner of counsel), for respondents.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 30, 2010, which granted defendants' motion to change venue from Bronx County to New York County, unanimously reversed, on the law, without costs, and the motion denied.

Bronx County was a proper venue for this action alleging false arrest, false imprisonment, malicious prosecution, assault, battery and civil rights violations. It is uncontested that plaintiff was arrested in Bronx County, and the alleged assault and battery, and related alleged civil rights violations, arose in Bronx County (CPLR 504[3]; see Garces v City of New York, 60 AD3d 551 [2009]). Moreover defendants did not make a demand for a change of venue as required by CPLR 511(a). Defendants have made no showing that the convenience of witnesses required a change of venue to New York County, nor have they persuasively argued that the ends of justice favor such a change (CPLR 510[3]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 23, 2012

CLERK