Legal Opinion
O'Sullivan v. Huhn
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 1993Published
1Opinion of the Court
Order, Supreme Court, Bronx County (Barry Salman, J.), entered April 5, 1993, which granted third-party defendant’s motion for a change of venue from Bronx County to Rockland County, unanimously affirmed, without costs.
Third-party defendant’s failure to move in timely fashion under CPLR 511 (b) for a change of venue as of right did not preclude it from seeking a discretionary change of venue under CPLR 510 (2) or (3). (See, Ortiz v Broadway Mgt. Co., 188 AD2d 401, 402.) The action, while properly commenced in Bronx County pursuant to CPLR 503 (a) in that none of the original parties were…
2Cases cited3 opinions
- Ortiz v. Broadway Management Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Alzugaray v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Samuels v. Ramada, Inc.Appellate Division of the Supreme Court of the State of New York · 1993