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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Neiman Ginsburg Mairanz, P.C. (Theodore T. Mairanz and Marvin Neiman of counsel), for appellant. Bleakley Platt Schmidt, LLP, White Plains, N.Y. (William P. Harrington and Kenneth C. Brown of counsel), for respondent.
Judges
  • Robert J. Miller
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Neiman Ginsburg Mairanz, P.C. (Theodore T. Mairanz and Marvin Neiman of counsel), for appellant. Bleakley Platt Schmidt, LLP, White Plains, N.Y. (William P. Harrington and Kenneth C. Brown of counsel), for respondent.
Judges
  • Robert J. Miller
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Smart Summary

P.T.R. CO., respondent, v. HANNA TEITELBAUM, ETC., appellant.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The defendant failed to move for a change of venue within 15 days after service of her demand Therefore, the motion was properly denied ( see CPLR 511[b]; Runcie v. Cross County Shopping Mall, 268 A.D.2d 577). The defendant's claim that she was misled as to the plaintiff's actual residence is not supported by the record. Accordingly, there exists no basis for her contention that her noncompliance with the time limit should be overlooked since she moved promptly after discovering the plaintiff's true residence.

RITTER, J.P., SMITH, FRIEDMANN, H. MILLER and CRANE, JJ., concur.

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Comments

P.T.R. CO. v. TEITELBAUM
(Dec 15, 2003)