O'SHAUGHNESSY v. MARCHESE


60 A.D.2d 882 (1978)

Sally O'Shaughnessy, Respondent, v. Anthony M. Marchese, Appellant

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

January 23, 1978


Order affirmed, with $50 costs and disbursements.

The motion for a change of venue on the ground that the county designated by the plaintiff is not a proper one under CPLR 507, brought almost two years after the answer was served (cf. CPLR 511, subd [a]), was not made until after the cancellation of the notice of pendency, pursuant to stipulation, and the sale of the real property. On this record the denial of the motion constituted a proper exercise of discretion...

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