S.A. v. F.K., Country of Steuben (Renzi, J.).

Major Keywords: Venue and Consolidation.

Proper Venue when Divorce actions are filed in two Courts; Consolidation of claims. Plaintiff-Husband initiated a divorce action by filing a Summons with Notice in Steuben County Supreme Court. Service to Defendant-Wife occurred in her county of residence, Queens. In reaction to the Steuben County action, but before answering or making a demand for Husband's complaint, Wife filed a divorce complaint in Queens County Supreme Court. Husband moved for consolidation of the two actions in and for venue in Steuben County. Wife cross-moved for an order dismissing Husband's suit, arguing that her pending action in Queens County was for the same cause of action and had priority. The Court held that though the two claims sought the same relief B divorce B the fact that both alleged different grounds destroyed the claim that they were the same cause of action. Thus the Court denied Wife's claim to dismiss Husband's action. However, because they involved identical parties and similar issues, the Court consolidated the two actions in pursuit of judicial economy. To determine venue, the Court noted that although proper venue is generally fixed in the county where filed papers first commence an action, the Court enjoys wide discretion to relocate venue in an action's early stages. The Court found Steuben County to be proper venue for the consolidated divorce action: Husband resides and works there; the support and maintenance sought by Wife would accrue from income earned there; all the marital property was there; Wife demonstrated no material difficulty in proceeding in Steuben County; and Wife failed to demonstrate that the parties' had a greater nexus to Queens.