Legal Opinion
Fish v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2017No. 2697N 159576/15PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about May 9, 2016, which denied defendants’ motion to change venue of the action from New York County to Rockland County, unanimously affirmed, without costs.
The motion court properly noted that defendants failed to comply with the procedural requirements of CPLR 511 by moving to change venue four months after serving an answer that did not request a change of venue (see CPLR 511; Pittman v Maher, 202 AD2d 172, 175 [1st Dept 1994]). When a defendant fails to make a demand to change venue, the court may still exercise…
2Cases cited3 opinions
- Pittman v. MaherAppellate Division of the Supreme Court of the State of New York · 1994
- Moschera & Catalano, Inc. v. Advanced Structures Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Rubinstein v. BullardAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
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- New York State Div. of Human Rights v. Ithaca Renting, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- New York State Div. of Human Rights v. Ithaca Renting, LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Patiwana v. ShahAppellate Division of the Supreme Court of the State of New York · 2018