Notice of Motion — Order to Show Cause — Exhibits and Affidavits Annexed NYSCEF DOC. No(s). 20-28 Answering Affidavit and Exhibits NYSCEF DOC No(s). 29-31 Replying Affidavit and Exhibits NYSCEF DOC No(s). 32 Upon the foregoing papers submitted as Motion Seq. No. 1, the Defendants MTA Bus Company, Metropolitan Transportation Authority and Jennifer Hernandez [collectively "MTA"] move this Court to grant a change of venue from Bronx County to New York County pursuant to CPLR §§505(a). Plaintiff’s Complaint alleges he sustained serious injuries arising from a motor vehicle accident. The accident is alleged to have occurred on March 28, 2023, at the intersection of 3rd Avenue and 63rd Street in the state, county, and city of New York. Plaintiff commenced this action on July 26, 2023. The MTA Defendants served their answer along with their Demand to Change Venue on August 11, 2023 Plaintiff designated venue based on his address located at 5470 Moshulu Avenue, Bronx New York, 10471. In support of the motion, Counsel for the MTA submits, inter alia, the pleadings; MTA’s Demand for Change of Venue; the MTA Bus Company’s Certificate of Incorporation; and an Affirmation. Counsel states that the Metropolitan Transportation Authority and the MTA Bus Company’s principal place of business is located at 2 Broadway, New York, New York and has been routinely recognized by the Courts. Counsel recognizes that the instant motion was filed nineteen (19) days after the filing of the Demand for Change of Venue. Counsel argues that, notwithstanding the motion’s untimeliness, the Court should not disregard the fact that the subject accident occurred in New York County. In opposition Plaintiff’s Counsel submits Affidavits of Service upon the Metropolitan Transportation Authority and the MTA Bus Company; and an Affirmation. Plaintiff’s Counsel argues that the MTA’s motion fails to demonstrate, prima facie, that the venue is not proper in Bronx County. Counsel argues there is no statutory or discretionary basis to grant the Defendant’s motion as the MTA was untimely pursuant to CPLR §511(b). Counsel argues that the MTA has failed to offer a reasonable excuse for their untimeliness. Discussion “The Court upon motion may change the place of trial in and action where: 1. The county designated for that purpose is not a proper county.” [CPLR §510] “To effect a change pursuant to CPLR §510 (1), a defendant must show that the plaintiff’s choice of venue is improper and that its choice of venue is proper.” Drayer-Arnow v. Ambrosio & Company, Inc., 181 AD3d 651, 652 [2d Dept 2020] [citation omitted]. CPLR §503(a) provides, “[e]xcept where otherwise prescribed by law, the place of trial shall be in the county in which one of the parties resided when it was commenced; [or] the county in which a substantial part of the events or omissions giving rise to the claim occurred…” CPLR §511(b) directs that “[t]he defendant shall serve a written demand that the action be tried in a county he specifies as proper. Thereafter the defendant may move to change the place of trial within fifteen days after service of the demand, unless within five days after such service plaintiff serves a written consent to change the place of trial to that specified by the defendant.” In actions against public authorities, CPLR §505(a) generally directs; “The place of trial of an action by or against a public authority constituted under the laws of the state shall be in the county in which the authority has its principal office or where it has facilities involved in the action.” Specifically, CPLR §505(b) inidcates; “…[t]he place of trial of an action against the New York City Transit Authority shall be in the county within the City of New York in which the cause of action arose, or, if it arose outside of the city, in the county of New York.” Here, the record demonstrates that the subject accident occurred in New York County and pursuant to CPLR §505(b) this action should proceed in New York County. However, the MTA acknowledges that their demand to change venue is untimely pursuant to CPLR §511(b). The MTA has failed to present a reasonable excuse for the delay, which is fatal to a motion to change venue. Rodriguez v. Metropolitan Transp. Auth., 127 AD3d 534 [1st Dept 2016]; see also Pittman v. Maker, 202 AD2d 172 [1st Dept 1994]. Accordingly, the motion to change venue from Bronx County to New York County is Denied. It is hereby; ORDERED that MTA Bus Company, Metropolitan Transportation Authority and Jennifer Hernandez’s motion for an Order changing venue of this matter from Bronx County to New York County is DENIED and it is further; ORDERED that the Clerk shall mark Motion Seq. 1 as disposed in all court records. This constitutes the Decision and Order of this court. 1. CHECK ONE. CASE DISPOSED IN ITS ENTIRETY X CASE STILL ACTIVE 2. MOTION IS GRANTED X DENIED GRANTED IN PART OTHER 3. CHECK IF APPROPRIATE. SETTLE ORDER SUBMIT ORDER SCHEDULE APPEARANCE FIDUCIARY APPOINTMENT REFEREE APPOINTMENT Dated: October 22, 2024
