CPLR § 504(c) & R. 511(b)

CPLR § 504 Actions against counties, cities, towns, villages, school districts and district corporations

CPLR R. 511 Change of place of trial

Smith v City of New York, 2009 NY Slip Op 02238 (App. Div., 1st, 2009)

The action was properly transferred to Queens County, where
plaintiff was arrested, initially incarcerated and prosecuted. CPLR
504(3), which provides that the place of trial in an action against the
City shall be in the county within the City where the cause of action
arose, "implements the public policy of giving all due consideration to
the convenience of public officials, and should be complied with absent
compelling countervailing circumstances" (Rose v Grow-Perini,
271 AD2d 210 [2000]). That defendants made their motion to change venue
approximately two months after serving their demand for a change of
venue with their answer, in noncompliance with the statutory 15-day
time limit in CPLR 511(b), is not so compelling a circumstance as to
override CPLR 504(3). We also reject plaintiff's argument that Bronx
County is a proper venue by reason of his detention for slightly more
than a day at Rikers Island, in the Bronx, after his arrest and
booking.