Change of Venue

Change of Venue

The plaintiff claimed that he was injured at Terminal 4 at John F. Kennedy International Airport, located in Queens County, New York. Plaintiff sued the Port Authority of New York and New Jersey and the operator of the terminal. Although plaintiff was a resident of Queens County and the accident occurred in Queens County, plaintiff commenced the action in Bronx County pursuant to Section 7106 of the Unconsolidated Laws of New York, which permits a plaintiff to bring an action against the Port Authority in any county situated wholly or partially within the Port of New York District. Brown Gavalas & Fromm, on behalf of the Port Authority and the operator of the terminal, moved to have venue changed to Queens County. In seeking a change of venue, we argued that commencing the case in Bronx County was a blatant case of forum shopping since the case had no contacts with Bronx County. The Court agreed with our position and ordered the case transferred to Queens County. Moshin v. Port Authority of New York and New Jersey, Supreme Court, Bronx County.

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