Obas v. Grappell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Queens County (Weiss, J.), entered August 7, 2006, which denied their motion pursuant to CPLR 511 to change venue from Queens County to Nassau County.
Ordered that the order is affirmed, with costs.
A demand to change venue based on the designation of an improper county (see CPLR 503 [a]; 510 [1]) must be “served with the answer or before the answer is served” (CPLR 511 [a]). Here, since the defendants failed to serve a timely demand for a change of venue to Nassau County, and…
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