Allstate Insurance v. J. D. Whiting, Inc.

Order unanimously reversed, with costs, and motion denied, without prejudice to renewal of motion in proper county. Memorandum: Plaintiff appeals from an order signed on January 15, 1979 which granted defendant’s motion for a change of venue. The summons and verified complaint designating Westchester County as the place of trial were served on November 27, 1978 and the answer dated December 8, 1978 was received by plaintiff on or about December 11, 1978. By a demand for a change of venue, dated December 11, 1978, received by plaintiff on December 13 or 14, 1978, defendant alleged that…