IME WATCHDOG, INC., plf-res, v. BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. def-ap

2394N-2394NA. IME WATCHDOG, INC., plf-res, v. BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. def-ap — Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for Baker, McEvoy, Morrissey & Moskovits, P.C., ap — Marjorie E. Bornes, Brooklyn, for American Transit Insurance Company, ap — Trivella & Forte, LLP, White Plains (Arthur J. Muller, III of counsel), for res — Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered April 20, 2016, which, to the extent appealed from as limited by the briefs, denied defendant Baker, McEvoy, Morrissey & Moskovits, P.C.'s motion to change venue from Bronx County to Kings County, and granted plaintiff's motion for a temporary restraining order enjoining defendants from, inter alia, excluding non-attorneys from independent medical examinations (IMEs), unanimously reversed, on the law, without costs, the motion to change venue granted, and the motion for a preliminary injunction denied. Appeal from an interim order, same court and Justice, entered April 8, 2016, unanimously dismissed, as subsumed in the appeal from the subsequent order.

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2394N-2394NA. IME WATCHDOG, INC., plf-res, v. BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. def-ap — Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for Baker, McEvoy, Morrissey & Moskovits, P.C., ap — Marjorie E. Bornes, Brooklyn, for American Transit Insurance Company, ap — Trivella & Forte, LLP, White Plains (Arthur J. Muller, III of counsel), for res — Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered April 20, 2016, which, to the extent appealed from as limited by the briefs, denied defendant Baker, McEvoy, Morrissey & Moskovits, P.C.’s motion to change venue from Bronx County to Kings County, and granted plaintiff’s motion for a temporary restraining order enjoining defendants from, inter alia, excluding non-attorneys from independent medical examinations (IMEs), unanimously reversed, on the law, without costs, the motion to change venue granted, and the motion for a preliminary injunction denied. Appeal from an interim order, same court and Justice, entered April 8, 2016, unanimously dismissed, as subsumed in the appeal from the subsequent order.

On a motion to change venue, pursuant to CPLR 510(1), “defendant’s burden … is limited to establishing that the designated county is improper” (Garced v. Clinton Arms Assoc., 58 AD3d 506, 509 [1st Dept 2009]). Baker McEvoy clearly met its burden of proving that the designated county, in which none of the parties resided, was improper (CPLR 503[a]). Having designated an improper county for venue and not submitted an affidavit showing either that its designation was proper or that Baker McEvoy’s designation was improper, plaintiff forfeited its right to select the venue (see Montilla v. River Park Assoc., 282 AD2d 389 [1st Dept 2001]; Lynch v. Cyprus Sash & Door Co., 272 AD2d 260, 261 [1st Dept 2000]).

IME WATCHDOG, INC., plf-res, v. BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. def-ap

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