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ALVAREZ v. METROPOLITAN TRANSPORTATION COMPANY

6080N, 300298/10.

89 A.D.3d 558 (2011)

934 N.Y.S.2d 104

2011 NY Slip Op 8285

LAURIE ALVAREZ, Respondent, v. METROPOLITAN TRANSPORTATION COMPANY, Defendant, and LIBERTY LINES TRANSIT, INC., et al., Appellants.

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

Decided November 17, 2011.

CPLR 504 (1) would ordinarily place venue in Westchester County (see Powers v East Hudson Parkway Auth., 75 A.D.2d 776 [1980]; see also Chitayat v Princeton Restoration Corp., 289 A.D.2d 102 [2001]). However, when plaintiff named the Metropolitan Transportation Company as a defendant, a conflict arose between CPLR 504 (1) and 505 (a). Thus, the court had the discretion to choose a venue...

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