Nimmons v. EIC Assoc., Inc.

Nimmons v EIC Assoc., Inc. 2025 NY Slip Op 32050(U) June 9, 2025 Supreme Court, New York County Docket Number: Index No. 654675/2023 Judge: Nicholas W. Moyne Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.  INDEX NO. 654675/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 06/09/2025 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 41M -----------------------------------------------------------------------------------X ANTTWON NIMMONS, LORENZO REYES, ISAIAH INDEX NO. 654675/2023 JASPER, Plaintiff, MOTION DATE 06/21/2024 -v- MOTION SEQ. NO. 001 EIC ASSOCIATES, INC.,FIDELITY AND DEPOSIT COMPANY OF MARYLAND, ZURICH AMERICAN INSURANCE COMPANY, ABC CORP. BONDING DECISION + ORDER ON COMPANIES MOTION Defendant. -----------------------------------------------------------------------------------X HON. NICHOLAS W. MOYNE: The following e-filed documents, listed by NYSCEF document number (Motion 001) 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 41, 49, 51 were read on this motion to/for CHANGE VENUE . Upon the foregoing documents, it is The motion to change venue from New York County to Queens County is denied. Defendant EIC Associates (“EIC”) is a corporation with a principal place of business in New Jersey. EIC contracted with the City of New York through the Department of Design and Construction (“DDC”) to perform work on public works projects located in Queen County (the “Projects”). EIC engaged one or more subcontractors to provide individuals to work as crossing guards and re-direct vehicles and pedestrians around the Projects. The Projects were in the College Point neighborhood of Queens County. The Amended Complaint is devoid of any allegations suggesting that any of the alleged events or transactions related to the Projects took place anywhere other than Queens County. None of the other defendants have any connection to New York County. The original named lead plaintiffs or class representatives did not reside in New York County. The plaintiffs cross-moved to amend the caption and complaint and substitute three new plaintiffs as the lead plaintiffs or class representatives. The new plaintiffs all reside in New York County. The Court heard oral argument on December 9, 2024 and indicated that the venue issue should be considered separately and apart from the motion to amend the complaint and caption. The Court, in an order dated April 23, 2025, granted the plaintiffs’ cross-motion to amend the caption and complaint and substitute the three new plaintiffs as the lead plaintiffs or 654675/2023 RILEY, STERLING NORMAN ET AL vs. EIC ASSOCIATES, INC. ET AL Page 1 of 4 Motion No. 001 1 of 4 [* 1]  INDEX NO. 654675/2023 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 06/09/2025 class representatives. Nevertheless, the defendants still maintain that venue in New York County is improper and that the case should be transferred to Queens County. “The court, upon motion, may change the place of trial of an action where: the county designated for that purpose is not a proper county.” C.P.L.R. § 510(1). As a general rule, C.P.L.R. § 503 states th