WACHUNAS v. DEMAS


43 A.D.2d 979 (1974)

William Wachunas, Appellant, v. Steve Demas et al., Defendants, and Yonkers Raceway, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 19, 1974


Order reversed, with $20 costs and disbursements, and motion denied, with leave to respondent to renew the motion in a proper county.

An application for a change of venue for the convenience of witnesses and in the interests of justice should be made in the county where the action is triable as designated by plaintiff or in one of the alternate counties permitted by CPLR 2212 (subd. [a]). Upon the renewed motion, if made, the papers submitted in the movant's behalf...

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