Yesy Sanchez Wins Motion to Change Venue from Bronx to Queens County
Congratulations to Yesy Sanchez on winning a motion to change the venue from Bronx to Queens County in a New York personal injury lawsuit.
The plaintiff filed a lawsuit in Bronx County against multiple defendants, including a public entity. Jurisdiction in Bronx County was based solely on the public entity being a defendant to the suit. However, the lawsuit was not commenced against the public entity in a timely manner under the law. As such, the public entity moved to dismiss the complaint against it. Yesy filed a cross-motion to change venue from Bronx to Queens County, where the accident occurred.
The cross motion contended that the plaintiff’s election of Bronx County was improper because the plaintiff knew, at the time of the commencement of the lawsuit, that its suit against the public entity was untimely and would therefore not survive a motion to dismiss. Consequently, the dismissal of the public entity destroyed the basis for jurisdiction in the Bronx. Further, since the plaintiff already had the opportunity to select a venue and did so improperly, it waived its right to select the venue. Defendants selected Queens County as the new venue.
Yesy A. Sanchez