Burton v. Ontra Inc.

OPINION OF THE COURT

David Goldstein, J.

This is a motion for an order seeking alternate relief, dismiss*978ing the complaint as barred, by the applicable Statute of Limitations or, pursuant to CPLR 507, changing the venue to Nassau County, where the real property, the subject of the action, is located.

The action seeks, inter alia, to rescind a mortgage and note relating to real property in Nassau County. Plaintiff, appearing pro se, candidly admits that, inasmuch as the present action does affect possession, use or enjoyment of real property, under the plain terms of CPLR 507, venue should have…