Xhika v. Rocky Point Union Free Sch. Dist.

• Decision Date: 04 February 2015
• Docket Number: 2014-02684, Index No. 3410/12
• Citation: 125 A.D.3d 646,2015 N.Y. Slip Op. 00874,2 N.Y.S.3d 601
• Parties: Adhurim XHIKA, appellant, v. ROCKY POINT UNION FREE SCHOOL DISTRICT, respondent.
• Court: New York Supreme Court — Appellate Division

125 A.D.3d 646
2 N.Y.S.3d 601
2015 N.Y. Slip Op. 00874

Adhurim XHIKA, appellant
v.
ROCKY POINT UNION FREE SCHOOL DISTRICT, respondent.

2014-02684, Index No. 3410/12

Supreme Court, Appellate Division, Second Department, New York.

Feb. 4, 2015.

2 N.Y.S.3d 601

Lipsig, Shapey, Manus & Moverman, P.C. (Pollack, Pollack, Isaac & De Cicco, LLP, New York, N.Y. [Brian J. Isaac ], of counsel), for appellant.

Ken Maguire & Associates PLLC, Garden City, N.Y. (Kenneth R. Maguire of counsel), for respondent.

REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, LEONARD B. AUSTIN, ROBERT J. MILLER, and JOSEPH J. MALTESE, JJ.

Opinion

125 A.D.3d 646

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Asher, J.), dated November 25, 2013, which denied his motion pursuant to CPLR 510(3) to change the venue of the action from Suffolk County to Kings County.

ORDERED that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion to change the venue of the action from Suffolk

2 N.Y.S.3d 602

County to Kings County is granted, and the Clerk of the Supreme Court, Suffolk County, is directed to deliver to the Clerk of the Supreme Court, Kings County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511[d] ).

125 A.D.3d 647

The plaintiff commenced this action in the Supreme Court, Suffolk County, against the Rocky Point Union Free School District, which is located in Suffolk County. The plaintiff thereafter moved pursuant to CPLR 510(3) to change the venue of the action from Suffolk County to Kings County. The Supreme Court denied the motion. We reverse.

CPLR 504 provides, in relevant part, that “the place of...