REILLY v. PARTNERSHIP 92 WEST LP

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

Dennis REILLY, appellant, v. PARTNERSHIP 92 WEST, LP, et al., respondents.

Decided: March 27, 2000

CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY and NANCY E. SMITH, JJ. Stuart H. Finkelstein (Pollack, Pollack, Isaac & DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellant. Kral, Clerkin, Redmond, Ryan, Perry & Girvan, New York, N.Y. (Kenneth J. Kutner of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Belen, J.), dated June 16, 1999, which granted the defendants' motion to change venue from Kings County to New York County.

ORDERED that the order is affirmed, with costs.

The plaintiff designated Kings County as the place of trial in his summons.   However, his complaint failed to identify the county in which he resided.   Upon learning that the plaintiff resided in Queens County at the time the action was commenced, the defendants promptly moved pursuant to, inter alia, CPLR 510(1) for a change of venue from Kings County to New York County, where their principal place of business is located.   Thus, under the circumstances presented in this case, the Supreme Court properly exercised its discretion in granting the defendants' motion (see, CPLR 510;  Roman v. Long Is. Light. Co., 258 A.D.2d 454, 683 N.Y.S.2d 878;  Morale v. La Grange Inn, 160 A.D.2d 783, 554 N.Y.S.2d 62).

MEMORANDUM BY THE COURT.

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