A 19 years old woman was at the hotel located at Staten Island, New York. The said hotel is approximately one half mile from the woman’s residence where she resided with her mother. While at the hotel, the woman made her way to the roof of the hotel where she plunged to her death. Consequently, the woman’s mother’s attorney, who has an office in Staten Island, New York, filed for limited letters testamentary in order to bring an action for a potential wrongful death action.
A New York Probate Lawyer said the complainant mother apparently changed attorneys to one who has offices in Brooklyn and commenced the legal action by filing a summons and complaint with the Kings County clerk’s office. The summons stated that the venue was based on the mother’s residence at Brooklyn however the mother’s verified complaint stated that she was a resident of the County of Richmond. The verified complaint contains allegations of fact in support for a single cause of action for damages due to wrongful death and the woman’s conscious pain and suffering up until her death.
The hotel served an answer to the revised verified complaint that includes thirteen affirmative defenses. A Brooklyn Probate Lawyer said the third affirmative defense states that the mother’s complaint filed in Kings County are at improper venue, and that the place of trial of the action should be changed to a proper venue, a Richmond County. Submitted along with the opponents’ answer was a demand to change venue. When the mother did not respond to the demand to change venue to a proper county, the hotel filed the underlying notice of motion to change venue with the Richmond County clerk’s office.