Gomez v. Jersey Coast Egg Producers, Inc.

• Decision Date: 13 October 1992
• Docket Number: No. 3,No. 2,No. 1,1,2,3
• Citation: 588 N.Y.S.2d 589,186 A.D.2d 629
• Parties: Suzanne GOMEZ, et al., Plaintiffs, v. JERSEY COAST EGG PRODUCERS, INC., et al., Respondents. (Action) Brendan ABT, et al., Plaintiffs, v. JERSEY COAST EGG PRODUCERS INC., et al., Respondents. (Action) Josephine WALSH, et al., Appellants, v. MEAT FARMS, INC., et al., Respondents. (Action).
• Court: New York Supreme Court — Appellate Division

Page 589

588 N.Y.S.2d 589

186 A.D.2d 629

Suzanne GOMEZ, et al., Plaintiffs, v. JERSEY COAST EGG PRODUCERS, INC., et al., Respondents. (Action No. 1)

Brendan ABT, et al., Plaintiffs, v. JERSEY COAST EGG PRODUCERS INC., et al., Respondents. (Action No. 2)

Josephine WALSH, et al., Appellants, v. MEAT FARMS, INC., et al., Respondents. (Action No. 3).

Supreme Court, Appellate Division Second Department.

Oct. 13, 1992.

Sullivan & Liapakis, P.C., New York City (Howard M. Goldstein and Michael Kaszubski, of counsel), for appellants.

Kaplan, Oshman, Helfenstein & Matza, New York City (Eileen T. Rohan, Stanford Kaplan and Charles Hefter, of counsel), for respondent Jersey Coast Egg Producers, Inc.

Michael P. Hunt, Woodbury (Ann K. Kandel, of counsel), for respondent Meat Farms, Inc.

Don F. Salkaln, Hauppauge, for respondent Mary Villagio.

Before THOMPSON, J.P., and ROSENBLATT, LAWRENCE and RITTER, JJ.

MEMORANDUM BY THE COURT.

In three actions to recover damages for personal injuries, etc., the plaintiffs in Action No. 3 appeal from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), entered July 30, 1990, as, upon consolidating the actions, granted the motion of the defendant Jersey Coast Egg Producers, Inc., to change the venue of Action No. 3 from Bronx County to Suffolk County.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The three actions which are subject of this appeal arise out of an alleged salmonella poisoning of the guests at a baby shower in the Suffolk County home of one of the defendants. The defendant Jersey Coast Egg Producers, Inc., moved to consolidate the actions and place venue in Suffolk County. It is undisputed on appeal that the actions involve identical issues of fact and law and were properly consolidated. The appellants argue, however, that the court erred in placing the venue of the consolidated actions in Suffolk County, since Action No. 3 was commenced first in Bronx County. We disagree.

Generally, where actions commenced in different counties have been consolidated pursuant to CPLR 602, the venue should be placed in the county where the first action was commenced, unless special circumstances are present (see, Strasser v. Neuringer, 137 A.D.2d 750, 751, 524 N.Y.S.2d 830; TT Enters. v. Gralnick, 127 A.D.2d 651, 652, 511 N.Y.S.2d 878). That determination is addressed to the sound discretion of the court (see, Leung v. Sell, 115 A.D.2d 929, 496 N.Y.S.2d 589). In the present case, 23 of the 25 plaintiffs in the three actions reside in Suffolk County and initially received medical treatment there. In addition, the alleged food poisoning occurred in Suffolk County. An investigation was conducted by the Suffolk County Department of Health Services, the food in question was prepared and sold in Suffolk County, and several defendants reside or do business in Suffolk County. Unquestionably, it will be more practical to conduct the trial in Suffolk County. Under these...