Kelly v. Port Authority of NY & NJ

Civil Practice

, New York Law Journal



The court consolidated the two subject actions for the sole purpose of determining Port Authority of New York and New Jersey's (PANYNJ) motion to transfer venue to New York County. Plaintiff Kelly alleged he sustained personal injuries while working at a premises under construction at World Trade Center Tower 3. Plaintiff Newell tripped and fell while on duty in Queens County. PANYNJ maintained it was entitled to a venue change as a matter of right as there was no nexus to Bronx as Kelly lived in Queens County, and Newell resided in Saratoga County, one incident occurred in New York, while the other in Queens, and PANYNJ's principal office was in New York. Kelly contended prior court rulings held that PANYNJ was a resident of each county or judicial district within the Power of New York for suits, or proceedings under McKinney's Unconsolidated Law §7106. The court stated in filing its motion to change venue, PANYNJ sought to circumvent the strictures of §7106. It stated PANYNJ's arguments were previously and routinely rejected, finding such action a waste of judicial resources, and frivolous. As such, the court denied both motions to change venue, and sanctioned PANYNJ for its redundant motions to unsuccessfully transfer venue.

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