NAPLES v. DAUBERT CHEM. CO.


93 A.D.2d 745 (1983)

Donald V. Naples, Respondent, v. Daubert Chemical Company, Appellant

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

April 14, 1983


Although commenced in New York County, there is absolutely no nexus between the county and the cause of action justifying its being tried here. Venue clearly belongs in Orange County as that is where the accident occurred and where plaintiff resided at the time the action was begun. Defendant having failed to demand a change of venue or move for such relief within 15 days of the service of the summons (CPLR 511), this motion was directed to the discretion of the Justice sitting...

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