GARCES v. CITY OF NEW YORK (2009)

Supreme Court, Appellate Division, First Department, New York.

Moyses GARCES, Plaintiff-Appellant, v. The CITY OF NEW YORK, et al., Defendants-Respondents.

Decided: March 24, 2009

SAXE, J.P., FRIEDMAN, SWEENY, RENWICK, FREEDMAN, JJ.

Pollack, Pollack, Isaac & DeCicco, New York (Brian J. Isaac of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (John Hogrogian of counsel), for respondents.

Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered January 10, 2008, which, in an action against the City and two police officers for, inter alia, false arrest and imprisonment, malicious prosecution, assault and battery and violation of civil rights, granted defendants' motion to change venue from Bronx County to Queens County, unanimously affirmed, without costs.

The action was properly transferred to Queens County where plaintiff was arrested, initially incarcerated and prosecuted. CPLR 504(3), which provides that the place of trial in an action against the City shall be in the county within the City where the cause of action arose, “should be complied with absent compelling countervailing circumstances” (Rose v. Grow-Perini, 271 A.D.2d 210, 210, 706 N.Y.S.2d 326 [2000] ). We also reject plaintiff's contention that Bronx County is a proper venue by reason of his one-day detention at its Rikers Island facility. Alternatively, transfer was proper as a matter of discretion pursuant to CPLR 510.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law