Joyner-Pack v. Sykes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, etc., the defendants Diana Weaver and Gloria Valencia appeal from an order of the Supreme Court, Kings County (Steinhardt, J.), dated May 25, 2005, which denied their motion to change the venue of the action from Kings County to Richmond County.
Ordered that the order is affirmed, with costs.
A 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]). Since the appellants failed to serve a timely demand for a change…
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