Rodriguez v City of New York
2012 NY Slip Op 01377 [92 AD3d 596]
February 23, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Antonio Rodriguez, Appellant,
v
City of New York et al., Respondents.

[*1] Rubert & Gross, P.C., New York (Soledad Rubert of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for respondents.

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 30, 2010, which granted defendants' motion to change venue from Bronx County to New York County, unanimously reversed, on the law, without costs, and the motion denied.

Bronx County was a proper venue for this action alleging false arrest, false imprisonment, malicious prosecution, assault, battery and civil rights violations. It is uncontested that plaintiff was arrested in Bronx County, and the alleged assault and battery, and related alleged civil rights violations, arose in Bronx County (CPLR 504 [3]; see Garces v City of New York, 60 AD3d 551 [2009]). Moreover defendants did not make a demand for a change of venue as required by CPLR 511 (a). Defendants have made no showing that the convenience of witnesses required a change of venue to New York County, nor have they persuasively argued that the ends of justice favor such a change (CPLR 510 [3]). Concur—Tom, J.P., Friedman, Sweeny, Moskowitz and DeGrasse, JJ.