Terezakis v. Goldstein

OPINION OF THE COURT

Herman Cahn, J.

Defendants move pursuant to CPLR 510 (1) and 511 to transfer venue of this action to Queens County on the ground that plaintiffs’ designation of venue in New York County was improper. This motion raises an issue of apparent first impression concerning the venue of a plenary action to vacate a judgment by confession, where the county in which the confession of judgment was entered is not the residence of any of the parties at the time when the subsequent action is commenced. This motion also raises an interesting question pertaining to when a party waives or…