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PERSAUD v. TRANSDEV SERVS., INC.

9937N, 27041/17E.

175 A.D.3d 1223 (2019)

109 N.Y.S.3d 280

2019 NY Slip Op 06877

Chanmattie Persaud, Respondent, v. Transdev Services, Inc., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 26, 2019.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York (Meredith Drucker Nolen of counsel), for appellants.

The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Tom, Gesmer, Oing, JJ.

CPLR 504(1) provides, in pertinent part, that the place of trial of an action against a county shall be in that county. As Nassau County is not a named defendant, and defendants are not officers of Nassau County and were not named in a representative capacity, defendants' motion pursuant to CPLR 504(1) for a change of venue from Bronx County to Nassau County was properly denied (see Swainson v Clee, 261 A.D.2d 301 [1st Dept 1999...

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