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SIMPSON v. SEARS, ROEBUCK & CO.

212 A.D.2d 473 (1995)

622 N.Y.S.2d 956

Ivan Simpson, Appellant-Respondent, v. Sears, Roebuck and Co., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 23, 1995

Although the underlying incident arose in defendant's Bronx County store, as neither party resided in Bronx County at the time this action was commenced (CPLR 503 [a], [c]), venue was not properly placed there. Plaintiff's contention that Bronx County was a proper venue because a transitory action should be brought where the cause of action arose is without merit, that rule being predicated on the venue already being properly placed...

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