Legal Opinion

Montoya v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1996PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for, inter alia, personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Dye, J.), dated November 20, 1995, which denied their motion to change venue from Queens County to Nassau County.

Ordered that the order is affirmed, with costs.

The branch of the defendants’ motion to change venue based on the contention that the county designated was not a proper one (CPLR 510 [1]) was untimely since no demand to change venue was served with the answer or before the answer had been served (see, CPLR 511 [a], [bj; Newman v…

2Cases cited2 opinions

  1. O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  2. Newman v. Physicians' Reciprocal InsurersAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by2 opinions

  1. 25/27 Corp. v. MormileAppellate Division of the Supreme Court of the State of New York · 2007
  2. Byron v. SpektorAppellate Division of the Supreme Court of the State of New York · 1999

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