Simon v. Usher

Order, Supreme Court, Bronx County (Maryann Brigantti-Hughes, J.), entered October 27, 2009, which, in a medical malpractice action, granted the motion of defendants Usher, Chait, Hartsdale Medical Group, EC. and White Flains Hospital Center to change venue from Bronx County to Westchester County, unanimously reversed, on the law, without costs, and the motion denied.

Although the moving defendants made a timely demand for a change of venue, their motion for such relief was untimely. A defendant “may move to change the place of trial within fifteen days after service of the demand,” unless the…