Kurfis v. Shore Towers Condominium
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered August 30, 2006, which granted defendants’ motion to change venue from Bronx County to Queens County, unanimously reversed, on the law, without costs, the order vacated and the motion denied.
Bronx County was an improper venue for this action as it appears that plaintiff and defendants all reside in Queens County and the action arose in Queens. Nevertheless, for a change in venue predicated on a plaintiff’s designation of an improper county (CPLR 510 [1]), the demand for change of venue must be served with or prior to the answer…
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