William M. Stein, Esq., Stein & Stein, LLP, One Railroad
Square For Plaintiff
VICTORIA ST. GEORGE, J.S.C.
following electronically-filed papers were read upon this
of Motion/Order to Show Cause 5-10
moves this Court unopposed for an Order transferring this
action from Supreme Court, Suffolk County to the Supreme
Court, Nassau County "due to an e-filing error on behalf
of plaintiff." Plaintiff states that this action is
brought "to recover an indebtedness due and owing under
a Contract." 
summons states that "[p]laintiff designates Nassau
County as the place of trial. The basis of the venue is
plaintiff's place of business."  The summons and
complaint bear the designation of Nassau County Supreme Court
in their respective captions; however, the summons and
complaint were electronically filed in Suffolk County on
March 11, 2019.
affidavit of service avers that service of the summons and
complaint was made upon the mother of John L. Desantis on May
3, 2019. According to plaintiff's counsel, when the
defendant did not submit an answer, counsel attempted to
electronically file a default judgment against defendant. It
appears from Exhibit C that the attempt to file the default
judgment was made on or about June 24, 2019. The proposed
Clerk's Judgment was returned by NYSCEF, payment for the
judgment was stopped, and NYSCEF personnel (Whitney, E.)
wrote, "[y]our summons and complaint states Nassau
County. Please upload an amended summons and complaint."
Apparently, the discrepancy between the caption of this
action and the filing made in Suffolk County was not caught
by counsel or NYSCEF personnel when the summons and complaint
were filed on March 11, 2019.
counsel acknowledges that the error in filing was eventually
brought to counsel's attention by NYSCEF personnel.
Counsel seeks transfer of this action to Nassau County
"without the necessity of refiling the Summons and
Verified Complaint or reserving the defendant and e-filing
Affidavit of Service in relation to this matter."
does not articulate a specific statutory or precedential
basis upon which it relies for the relief requested;
therefore, to determine the instant application, this Court
finds it necessary to explore whether there is a proper basis
to grant the motion in the context of the unusual
circumstances presented here.
§ 510, which specifies the grounds for a change of
venue, does not provide an avenue of relief for plaintiff.
Subdivisions 2 and 3 allowing for change of venue based upon
a need for an impartial trial and the convenience of material
witnesses are not implicated here. Subdivision 1 providing
for a change of venue because the county designated for trial
is not a proper county is inapposite since Nassau County,
which was designated by ...