Maxon Pontiac, Inc. v. Weisberger

Bertram Harnett, J

The complaint originally alleged that plaintiff was a New Jersey corporation having a place of business in Nassau County and that defendant was a domestic corporation having its place of business in Kings County. Under those circumstances, venue was properly laid in Nassau County at the outset. (CPLR 503, subds. [a], [c].) Accordingly, defendant Weisberger did not demand a change of venue at or before the service of his answer (see, CPLR 511, subd. [a]). Contrary to the assertions in their memorandum of law, defendant and third-party defendant did not admit that allegation…