Daibes v. Cheng, 2011 NY Slip Op 21305 (Supreme Ct. – Queens Cty. Aug. 31, 2011)

In a multi-car accident personal injury claim, the court denies a motion to transfer based upon the "first-in-time" rule and indication of forum shopping.

The plaintiff filed a personal injury action, which was transferred upon the defendant's motion to Suffolk County based upon improper venue. CPLR 503(a). The plaintiff later filed a second action in Queens County and then sought to consolidate the two actions and transfer venue to Queens County, pursuant to CPLR 510(3). The court granted the plaintiff's motion to consolidate but denied the plaintiff's motion to transfer the consolidated action to Queens County based upon the "first-in-time" rule. The court explained that the general rule regarding consolidation requires deference to and consolidation in the county in which the first action was filed under the "first-in-time" rule. Further, the CPLR does not permit venue to be situated in a county simply because a motor vehicle accident occurred in that county.

Case Law Alert - 4th Qtr 2011