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Plaintiff Doesn't Hold All The Marbles In Determining Venue

January 7, 2008

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A case for all geography lovers.

In Montesano v. New York City Housing Authority, 2007 NY Slip Opinion 09955, AD and Bronx Co. Index 24323/05, plaintiff incorrectly chose venue when she brought her action in Bronx County claiming that she injured herself while descending an interior staircase in the New York City Housing Authority apartment building where she lives, located at 5480 Broadway in the Marble Hill section of New York City. Having lived there for 18 years, the plaintiff was confident that she was a Bronx resident.

As it turns out, plaintiff was duped by her surroundings. The 52 acres of Marble Hill were originally connected to the Borough of Manhattan (coterminous with New York County) until 1885 whereupon the Harlem River Ship Canal was created. Although separated from Manhattan by water and connected to the Bronx, and while bearing a Bronx zip code, and using a Bronx area code, Marble Hill actually remains part of New York County.

For this reason, defendant correctly demanded and moved for change of venue that was ultimately granted by the Appellate Division- First Department since the New York Adminsistrative Code section 2-202(1) places Marble Hill with New York County for all purposes.

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