Dyce v. Khelemsky

Background

Renee Dyce filed a self-represented federal action against Serge Khelemsky, D.O., alleging medical malpractice. The opinion says Dyce alleged that she resided in Brooklyn, New York, and that the alleged malpractice occurred at Khelemsky’s office in Brooklyn.

Venue analysis

Venue rules determine the proper federal district for a case. The court explained that venue generally is proper where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where the defendant is subject to the court’s personal jurisdiction. The court noted that Dyce did not allege Khelemsky’s residence, but alleged that he worked in Brooklyn and that the events underlying her claims occurred there.

The court concluded that venue was not proper in the Southern District of New York under the cited venue provisions. Because the claims arose in Brooklyn, which is in Kings County and therefore in the Eastern District of New York, the court found that the action could have been brought there.

Disposition

Under 28 U.S.C. § 1406(a), a court may transfer a case filed in the wrong venue when transferring it serves the interests of justice. Judge Laura Taylor Swain ordered the clerk to transfer the action to the United States District Court for the Eastern District of New York. The order closed the case in the Southern District of New York. It stated that the transferee court would decide whether Dyce could proceed without prepaying fees, that no summons would issue from this court, and that any appeal would not be taken in good faith; fee-free status was therefore denied for purposes of an appeal. The opinion addresses venue and does not decide whether the alleged medical malpractice occurred.