Giddings v. Century 21 Department Stores, LLC

In an action, inter alia, to recover damages for assault and battery, the defendants Century 21 Department Stores, LLC, and Century 21 Stores, LLC, appeal from an order of the Supreme Court, Kings County (Silber, J.), dated March 20, 2014, which denied their motion pursuant to CPLR 510 (1) to change the venue of the action from Kings County to New York County.

Ordered that the order is affirmed, with costs.

A demand to change venue based on the designation of an improper county (see CPLR 510 [1]) “shall be served with the answer or before the answer is served” (CPLR 511 [a]; see Carobert v…