Defendant was placed on notice of the potential challenge to the venue of the action when plaintiff's deposition was taken in July 1989. A note of issue and statement of readiness were filed in the action in Bronx County on or about October 20, 1989, and defendant took no steps to determine or challenge the venue of the action until in or about April 1990. Accordingly, it cannot be said that the motion court abused its discretion in finding that defendant's motion was barred...
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