Cardona v. Aggressive Heating Inc

In Cardona v. Aggressive Heating Inc., 180 AD2d 572, 573, 580 N.Y.S.2d 285 [1st Dept 1992], the plaintiffs commenced a personal injury action on May 2, 1988, designating Bronx County as the place of venue based upon their residence. In its motion to change venue, the defendant argued that because "plaintiffs no longer live in Bronx County and, since that county therefore no longer has any nexus with the action, venue should be in New York County" (id. at 573). The First Department rejected such reasoning, holding that "a plaintiff who has designated a county of appropriate venue is under no obligation to make any showing that the county designated is in any way preferable to the one to which the change is sought unless and until the party seeking the change has made an adequate showing as to the convenience of material witnesses and the furtherance of justice" (id. at 573)