Podolsky v. Nevele Winter Sports, Inc.

Yesawich, Jr. J. Appeal from an order of the Supreme Court (Carpinello, J.), entered September 5, 1995 in Ulster County, which denied defendant’s motion for a change of venue.

By summons and complaint dated December 5, 1994, plaintiffs commenced this personal injury action in Supreme Court, Kings County. On May 11, 1995, defendant answered by mail and demanded a change of venue to Ulster County. On May 22, 1995, plaintiffs sent an affidavit asserting that venue properly belonged in Kings County. Defendant’s subsequent motion for change of venue, dated May 24, 1995, was made returnable in…