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O'SULLIVAN v. HUHN

196 A.D.2d 780 (1993)

602 N.Y.S.2d 111

Andrew O'Sullivan, Appellant, v. John E. Huhn, III, et al., Defendants and Third-Party Plaintiffs, et al., Defendant. Instrumentation Laboratory, a Division of Fisher Scientific Company, Third-Party Defendant-Respondent

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

September 30, 1993

Third-party defendant's failure to move in timely fashion under CPLR 511 (b) for a change of venue as of right did not preclude it from seeking a discretionary change of venue under CPLR 510 (2) or (3). (See, Ortiz v Broadway Mgt. Co., 188 A.D.2d 401, 402.) The action, while properly commenced in Bronx County pursuant to CPLR 503 (a) in that none of the original parties were residents of the State, bears absolutely no relationship...

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