AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RAYMONDE OBAS, Respondent, v. PAUL M. GRAPPELL et al., Appellants.

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 failed to make a motion for that relief within the statutory 15-day period ( see CPLR 511 [b]), they were not entitled as of right to a change of venue to Nassau County ( see Joyner-Pack v Sykes, 30 AD3d 469; Harleysville Ins. Co. v Ermar Painting Contr., Inc., 8 AD3d 229, 230; Runcie v Cross County Shopping Mall, 268 AD2d 577). Thus, their motion "became one addressed to the court's discretion" ( Callanan Indus, v Sovereign Constr. Co., 44 AD2d 292, 295; see Pittman v Maker, 202 AD2d 172, 175). Moreover, the defendants failed to move promptly for a change of venue even after ascertaining the plaintiff's alleged true residence ( see Acosta v Hadjigavriel, 6 AD3d 636, 637; Runcie v Cross County Shopping Mall, supra), and the record does not establish that the plaintiff misled the defendants or sought to manipulate the venue rules ( see Joyner-Pack v Sykes, supra; Koschak v Gates Constr. Corp., 225 AD2d 315, 316; Pittman v Maker, supra at 174). Under the circumstances, the Supreme Court providently exercised its discretion in denying the motion.

Use AI to get other relevant cases.

Comments

OBAS v. GRAPPELL
(Aug 14, 2007)