FERNANDEZ v. Lyft, Inc., Defendant. (2024)

Order, Supreme Court, New York County (James G. Clynes, J.), entered on or about January 17, 2023, which denied the motion of defendant Suffolk County Public Administrator as Administrator of the Estate of Michelle Louise Carpenter a/k/a Michelle L. Carpenter (Suffolk County PA) pursuant to CPLR 504 to change venue from New York County to Suffolk County, unanimously reversed, on the law and the facts, without costs, and the motion granted.

Plaintiffs commenced this personal injury action in New York County where defendant Lyft, Inc. has its principal office (see CPLR 503[c]).  However, since Suffolk County PA sufficiently established itself as a department of Suffolk County, which plaintiffs failed to refute, it properly invoked CPLR 504(1) mandating a change of venue to Suffolk County (see Powers v. East Hudson Parkway Auth., 75 A.D.2d 776, 777, 428 N.Y.S.2d 233 [1st Dept. 1980]).  While courts retain discretionary authority under CPLR 510(3) to decline a change of venue sought pursuant to CPLR 504 (id.), plaintiffs do not demonstrate how New York County would be more convenient for the witnesses or better serve the ends of justice to warrant denying Suffolk County PA's motion.  The cause of action arose in Suffolk County, where plaintiffs reside, and any potential witnesses appear to be in Suffolk County.