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HERRERA v. ST. LUKE'S/ROOSEVELT HOSP. CTR.

224 A.D.2d 323 (1996)

637 N.Y.S.2d 731

Felipe Herrera, as Guardian Ad Litem for Juan A. Herrera, Also Known as Fernando Herrera, Respondent, v. St. Luke's/Roosevelt Hospital Center et al., Appellants

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

February 22, 1996

As defendants had indication as early as the very inception of the action that plaintiff guardian ad litem may have improperly placed venue in Bronx County, their nearly two-year delay in seeking a change of venue on that ground was not sufficiently diligent to justify departure from the time requirements of CPLR 511 (a) (see, Roman v Brereton, 182 A.D.2d 556, 557). Nor do defendants sufficiently demonstrate that the convenience...

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