COP GETS NO CHANGE

In Cabreja v. Rose, Vargas and Resto were riding along upper Manhattan in a car driven by Diaz Cabreja, when they were hit by a car owned by Citiwide Auto Leasing and driven by James Rose -- a New York City cop.

After a personal injury suit was filed, Citiwide and Rose asked the Bronx County Supreme Court for a change of venue to New York County, citing a state law -- CPLR 504(3) -- which requires suits brought against the City, or one of its officers, to be maintained in the county where the accident occurred.

When the Bronx County Supreme Court denied that request, an appeal to the Appellate Division, First Department, ensued.

Since the City wasn't a party to the action, the AD1 found CPLR 504(3) inapplicable because the law wasn't "intended as a benefit for individual litigants."

Trying breaking that!

For a copy of the Appellate Division's decision, please use this link: Cabreja v. Rose