Opinion
December 15, 1987
Appeal from the Supreme Court, Bronx County (Irma Vidal Santaella, J.).
In this personal injury action arising from a slip and fall in the bathroom of plaintiffs' apartment in Yonkers, venue in Bronx County was based solely on the residence and principal place of business of the apartment building's owner, who has no personal knowledge of the accident. Both plaintiffs reside in Westchester County, the accident occurred there, plaintiff was treated for his injuries in Westchester County, and the building's agent and superintendent reside in that county.
Under the circumstances, we conclude that a change of venue to Westchester County is warranted, and defendants' motion for a change of venue should have been granted. (See, Ford v Servistar Corp., 133 A.D.2d 23.)
Concur — Kupferman, J.P., Ross, Asch and Smith, JJ.