Summary
granting motion to dismiss where, "[i]nasmuch as [defendant] is not liable for the torts" of another entity, that defendant "is not a proper party in this action"
Summary of this case from Mahmood v. Mason Mgmt. Servs. Corp.Opinion
May 11, 2000.
Orders, Supreme Court, New York County (Richard Lowe, III, J.), entered February 10, 1999, which denied defendants' motion to change venue to Nassau County and sub silentio denied the motion of defendant Metropolitan Transportation Authority ("MTA") to dismiss the complaint as against it, and order of the same court and Justice, entered on or about June 28, 1999, which, to the extent appealed from as limited by defendants' brief, upon reargument and renewal, granted plaintiffs' cross motion to change venue to Queens County, unanimously reversed, on the law, without costs, defendants' motions granted, and the complaint dismissed as against MTA and the venue changed to Nassau County.
Kevin L. Mosley, for plaintiffs-respondents.
Marilyn Venterina, for defendants-appellants.
ROSENBERGER, J.P., WILLIAMS, TOM, RUBIN, BUCKLEY, JJ.
Inasmuch as MTA is not liable for the torts of its subsidiary, MTA-Long Island Bus ("MTA-LIB") that arise out of the subsidiary's operations, it is not a proper party in this action. Therefore, its motion to dismiss should have been granted (Noonan v. Long Island R.R., 158 A.D.2d 392, 393), and its headquarters cannot serve as the basis for laying venue (see, Chow v. Long Island R.R., 202 A.D.2d 154). Consequently, upon such dismissal of claims as to MTA, venue should be changed to the county of MTA-LIB's principal place of business, Nassau County (CPLR 505[a]; Noonan v. Long Island R.R., supra; see also,Shaeffer v. Long Island R.R., 112 A.D.2d 153). Plaintiffs' contentions in support of Queens County as the proper venue are without merit, since they fail to demonstrate compelling circumstances regarding the convenience of witnesses (see, Powers v. East Hudson Parkway Auth., 75 A.D.2d 776) and fail to demonstrate that MTA-LIB has "facilities involved in the action" (CPLR 505[a]; see, Bourne v. Long Island R.R., 158 Misc.2d 213) located there.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.