Case Moved to Bronx County

January 1, 1998

LVT Number: 12022

Tenant sued landlords in Supreme Court in New York County where tenant and landlords lived. Landlords asked that the case be transferred to Westchester County because one of them was a Supreme Court judge in New York County and the other was a retired New York City housing court judge in New York County. The court ruled for landlords, and tenant appealed. Tenant argued that the case should be transferred to Bronx County. The appeals court ruled for tenant. There was no reason to transfer the case out of the First Judicial Department entirely.

Tenant sued landlords in Supreme Court in New York County where tenant and landlords lived. Landlords asked that the case be transferred to Westchester County because one of them was a Supreme Court judge in New York County and the other was a retired New York City housing court judge in New York County. The court ruled for landlords, and tenant appealed. Tenant argued that the case should be transferred to Bronx County. The appeals court ruled for tenant. There was no reason to transfer the case out of the First Judicial Department entirely. Other prior and pending proceedings between landlords and tenants had been transferred to Bronx County with no problem. Landlords had in fact asked that one prior proceeding be transferred to Bronx County.

Kavelman v. Taylor: NYLJ, p. 26, col. 3 (12/4/97) (App. Div. 1 Dept.; Rosenberger, JP, Nardelli, Andrias, Colabella, JJ)

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