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Maribel Caguioa Astillero v. David Abramov

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 2, 2012

MARIBEL CAGUIOA ASTILLERO,
PLAINTIFF-RESPONDENT,
v.
DAVID ABRAMOV, ET AL.,
DEFENDANTS-APPELLANTS.

Astillero v Abramov

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 2, 2012

Mazzarelli, J.P., Friedman, Catterson, Renwick, Roman, JJ.

Order, Supreme Court, New York County (George J. Silver, J.), entered January 4, 2011, which, in an action for personal injuries arising out of a motor vehicle accident, denied defendants' motion to change venue from New York County to Nassau County, and granted that part of plaintiff's cross motion to change venue to Queens County, unanimously affirmed, without costs.

Plaintiff initially chose an improper venue in New York County. However, plaintiff selected this venue based on Department of Motor Vehicle records, which indicated that defendant Asia Abramov resided in New York County. Defendant Abramov had recently moved to Queens County, but failed to notify the Department of Motor Vehicle as required by VTL § 505(5). Under these circumstances, plaintiff did not forfeit her right to choose a venue by her initial choice of a venue that turned out to be improper (see Vasquez v Sonin, 259 AD2d 340, 341 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 2, 2012

CLERK

20120202

© 1992-2012 VersusLaw Inc.



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