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REVY v. SKI WINDHAM OPERATING CORP.

220 A.D.2d 568 (1995)

633 N.Y.S.2d 45

Kristen Revy, Respondent, v. Ski Windham Operating Corp., Appellant

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

October 16, 1995

Ordered that the order is affirmed, with costs.

When, as here, venue is in an improper county, a party who wishes to change venue as of right must serve a demand to change the place of trial to the proper county before the service of a responsive pleading is due (Matter of D.M.C. Constr. Corp. v Nash Steel Corp., 70 A.D.2d 635). Because the defendant in this case failed to serve...

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