Brash v. Richards
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*557A demand to change venue based on the designation of an improper county (see CPLR 510 [1]) “shall be served with the answer or before the answer is served” (CPLR 511 [a]; see Thomas v Guttikonda, 68 AD3d 853, 854 [2009]). Since the defendant Harrison Mu did not serve his demand for a change of venue until after he served his answer, he was not entitled to change venue as of right (see Thomas v Guttikonda, 68 AD3d at 854; Jeffrey L. Rosenberg & Assoc., LLC v Lajaunie, 54 AD3d 813, 816 [2008]; Palla v Doctors Hosp. of Staten Is., 248 AD2d 603 [1998]). Thus, his motion became one addressed to…
2Cases cited9 opinions
- Philogene v. Fuller Auto LeasingAppellate Division of the Supreme Court of the State of New York · 1990
- Neu v. St. John's Episcopal HospitalAppellate Division of the Supreme Court of the State of New York · 2006
- Thomas v. GuttikondaAppellate Division of the Supreme Court of the State of New York · 2009
- Jeffrey L. Rosenberg & Associates, LLC v. LajaunieAppellate Division of the Supreme Court of the State of New York · 2008
- Accardi v. KaufmannAppellate Division of the Supreme Court of the State of New York · 2011
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