Astillero v Abramov
2012 NY Slip Op 00736 [92 AD3d 436]
February 2, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Maribel Caguioa Astillero, Respondent,
v
David Abramov et al., Appellants.

[*1] DeSena & Sweeney, LLP, Hauppauge (Shawn P. O'Shaughnessy of counsel), for appellants.

Elana Sharara, Great Neck, for respondent.

Order, Supreme Court, New York County (George J. Silver, J.), entered January 4, 2011, which, in an action for personal injuries arising out of a motor vehicle accident, denied defendants' motion to change venue from New York County to Nassau County, and granted that part of plaintiff's cross motion to change venue to Queens County, unanimously affirmed, without costs.

Plaintiff initially chose an improper venue in New York County. However, plaintiff selected this venue based on Department of Motor Vehicle records, which indicated that defendant Asia Abramov resided in New York County. Defendant Abramov had recently moved to Queens County, but failed to notify the Department of Motor Vehicle as required by Vehicle and Traffic Law § 505 (5). Under these circumstances, plaintiff did not forfeit her right to choose a venue by her initial choice of a venue that turned out to be improper (see Vasquez v Sonin, 259 AD2d 340, 341 [1999]). Concur—Mazzarelli, J.P., Friedman, Catterson, Renwick and RomÁn, JJ.