New York Supreme and/or Appellate Courts Appellate Division, First Department
April 9, 2013
NEW YORK CITY POLICE DEPARTMENT, ET AL., DEFENDANTS-RESPONDENTS.
Thames v New York City Police Dept.
Decided on April 9, 2013
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.
Mazzarelli, J.P., Acosta, Renwick, Richter, Gische, JJ.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered August 10, 2012, which granted defendants' motion to change venue from Bronx County to Queens County, unanimously affirmed, without costs.
Plaintiff asserts causes of action for, inter alia, false arrest and imprisonment, malicious prosecution, and violation of civil rights, following his arrest, initial incarceration, prosecution, and eventual acquittal in Queens County. All of the necessary elements giving rise to plaintiff's causes of action for false arrest and imprisonment occurred in Queens County, and plaintiff does not assert any distinct claim based on misconduct of City officials occurring in Bronx County. Thus, notwithstanding the length of plaintiff's detention in Bronx County, the action was properly transferred pursuant to CPLR 504(3) (see Garces v City of New York, 60 AD3d 551 [1st Dept 2009]; Smith v City of New York, 60 AD3d 540 [1st Dept 2009]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: APRIL 9, 2013
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