Public Service Mutual Insurance v. ITT Hartford Group, Inc.

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about April 7, 1997, which, inter alia, granted defendants-respondents’ motion for a change of venue from New York County to Erie County, unanimously affirmed, without costs.

Although plaintiff is correct that defendants, having failed to timely demand a change of venue as of right upon the ground that venue was improperly laid in New York County, must establish more than the action’s initially improper venue to support a discretionary change thereof (see, Pittman v Maher, 202 AD2d 172, 175-176), we conclude that there…