Where your client sues or where your client is sued sometimes can make all the difference. Knowing how to back up your choice of venue (and conversely, knowing how to attack the venue presented to you) is an often overlooked aspect of litigation. Every plaintiff’s attorney knows what court she feels comfortable in, and every defense counsel would relish the opportunity to remove opposing counsel from that “comfort zone.” A recent decision from the Appellate Division, First Department, serves as a reminder for litigation counsel to act as promptly as possible when seeking judicial relief in terms of venue and confirms that there are limits to a court’s discretion on this issue.
The sole issue on appeal in Milton Moracho v. Open Door Family Medical Center Inc.,1 was whether the trial court properly exercised its discretion in granting the defendants’ motions to change venue. Arising from circumstances which at first glance may not seem terribly egregious to many litigators, the decision—in a 3-2 vote—sends a signal not to take the court’s calendar lightly.
The Law of Venue
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