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Romero v. City of N.Y.

Plaintiff Precluded From Recovering for Conduct Time-Barred; Change of Venue Granted

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The following papers numbered 1 to 6 Read on this motion, CHANGE VENUENoticed on August 21, 2017 and duly submitted on the Motion Calendar of September 8, 2017:PAPERS NUMBEREDNotice of Motion — Exhibits and Affidavits Annexed    1,2Answering Affidavit and Exhibits     3,4Answering Affidavit and Exhibits     5,6Affidavits and ExhibitsPleadings — ExhibitStipulation(s) — Referee’s Report — MinutesFiled PapersMemoranda of Law

*1  Upon the foregoing papers, the defendants City of New York, Michael Gala, Thomas Bradley, and Charles Barraco (“Defendants”) move for an order (1) transferring venue of this action from Bronx County to Kings County pursuant to CPLR 510(1) and 511(b) and, upon transfer or in the alternative, (2) for a judgment pursuant to CPLR 3211(a)(5) and 3211(a)(7), dismissing the complaint on the grounds that it is barred, in part, by collateral estoppel and the applicable statute of limitations, and otherwise fails to state a cause of action, and granting Defendants costs, fees, and disbursements together with such other and further relief as this Court deems just and proper. The plaintiff Rolando Romero (“Plaintiff”) opposes the motion. In order to prevail on a motion to change venue pursuant to CPLR 510(1), a defendant must show that plaintiff’s choice of venue is improper and also that the defendant’s choice of venue is proper (see Deas v. Ahmed, 120 A.D.3d 750 [2nd Dept. 2014]). CPLR 504 provides that venue for all actions against “…(3) the city of New York, must be venued “in the county within the city in which the cause of action arose…” This statute “implements the public policy of giving all due consideration to the convenience of

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