Strasser v. Neuringer

• Decision Date: 22 February 1988
• Docket Number: No. 1,No. 2,1,2
• Citation: Strasser v. Neuringer, 524 N.Y.S.2d 830, 137 A.D.2d 750 (N.Y. App. Div. 1988)
• Parties: Robert W. STRASSER, Respondent, v. Larry N. NEURINGER, Appellant. (Action) Pamela HEINS, Respondent, v. Larry NEURINGER, Appellant, et al., Defendant. (Action)
• Court: New York Supreme Court — Appellate Division

Page 830

524 N.Y.S.2d 830

137 A.D.2d 750

Robert W. STRASSER, Respondent, v. Larry N. NEURINGER, Appellant. (Action No. 1)

Pamela HEINS, Respondent, v. Larry NEURINGER, Appellant, et al., Defendant. (Action No. 2)

Supreme Court, Appellate Division Second Department.

Feb. 22, 1988.

Pizzitola & Inzerillo, Commack (Vincent A. Malito, of counsel), for appellant.

Michael T. Clifford & Associates, Riverhead (Diane K. Farrell, of counsel), for respondent in Action No. 1.

Before THOMPSON, J.P., and BROWN, EIBER and SULLIVAN, JJ.

MEMORANDUM BY THE COURT.

In two negligence actions to recover damages for personal injuries allegedly sustained in a motor vehicle accident, Larry N. Neuringer, a defendant in both actions, appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Goldstein, J.), dated February 19, 1987, as, upon directing that the actions be jointly tried, placed venue in New York County.

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

The general rule for determining the venue of actions which are joined or consolidated pursuant to CPLR 602, where the actions have been commenced in different counties, is that absent special circumstances, venue should be placed in the county where the first action was commenced (T T Enters. v. Gralnick, 127 A.D.2d 651, 652, 511 N.Y.S.2d 878). Such a determination, however, is addressed to the sound discretion of the court (Leung v Sell, 115 A.D.2d 929, 496 N.Y.S.2d 589). At bar, although the first action was commenced in Suffolk County, the circumstances are such that the court's...