Joyce v. Daniels & Kennedy, Inc.

Motion by defendant for a change of venue. All parties reside, and the accident happened, in New York County. Defendant failed to serve a demand for the change. Its only move after answering has been to make this motion. An action brought in the Supreme Court must have its venue in the resident county of one of the parties (Civ. Prac. Act, § 182). Rule 146 of the Rules of Civil Practice provides procedure which, if it had been followed in this case, would have ripened into winning the change for defendant as a matter of right. „ It was not followed however. Does that mean that defendant’s…