Thomas v. Guttikonda
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*854A 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]). Since the appellants failed to serve a timely demand for a change of venue and failed to make a motion within the 15-day period required under the statute (see CPLR 511 [b]), they were not entitled to change the venue of this action as of right (see Baez v Marcus, 58 AD3d 585, 586 [2009]; Jeffrey L. Rosenberg & Assoc., LLC v Lajaunie, 54 AD3d 813, 816 [2008]; Obas v Grappell, 43 AD3d 431 [2007]). Thus, their motion “became…
2Cases cited9 opinions
- O'Brien v. Vassar Bros. HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Pittman v. MaherAppellate Division of the Supreme Court of the State of New York · 1994
- Callanan Industries, Inc. v. Sovereign Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Baez v. MarcusAppellate Division of the Supreme Court of the State of New York · 2009
- Jeffrey L. Rosenberg & Associates, LLC v. LajaunieAppellate Division of the Supreme Court of the State of New York · 2008
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