Legal Opinion
Prato v. Arzt
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 2010PublishedCited by 5 opinions
1Opinion of the Court
Bronx County (Cynthia Kern, J.), entered August 21, 2009, which denied defendant Alexander’s motion to change venue, unanimously affirmed, without costs. Defendant seeks to
avoid the result of failing to move for a change of venue within 15 days after serving his demand (CPLR 511 [b]), and failing to offer a reason for the delay, by asserting that plaintiff engaged in duplicitous conduct. However, nowhere in his motion did defendant allege that plaintiff made “mislead- ing statements as to [her] actual residence” (Pittman v Maher, 202 AD2d 172, 174 [1994] [internal quotation marks and cita-…
2Cases cited3 opinions
- Pittman v. MaherAppellate Division of the Supreme Court of the State of New York · 1994
- Rosenthal v. BolognaAppellate Division of the Supreme Court of the State of New York · 1995
- Dinnocenzo v. Jordache Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by5 opinions
- Serradilla v. Lords Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Marte v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Marte v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2026
- Serradilla v. Lords Corp.Appellate Division of the Supreme Court of the State of New York · 2014