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ALICIA CHIRIBOGA, Plaintiff-Respondent, v. POPOLI CONSTRUCTION, ET AL., Defendants, TOWN AND VILLAGE OF SCARSDALE, Defendant-Appellant. [AND A THIRD-PARTY ACTION]

Scarsdale's motion for a change of venue was properly denied. Scarsdale's 16-month delay in making its motion was inordinate since it possessed the information necessary to the motion from the time of the action's commencement and offered no reasonable excuse for the delay (see, CPLR 511[a]; Schwartz v. Armand Erpf Estate, 232 A.D.2d 316).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CHIRIBOGA v. POPOLI CONSTRUCTION
(May 24, 2001)