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REDELICK v. WILLIFORD

240 A.D.2d 388 (1997)

658 N.Y.S.2d 1024

Mitchell Redelick, Respondent, v. Barry W. Williford et al., Appellants, and Eliz Chakrian et al., Defendants

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

June 2, 1997

Ordered that the order is affirmed insofar as appealed from, with costs.

To change venue as a matter of right on the ground that the county designated was not proper (see, CPLR 510 [1]), a defendant is required to serve a demand for change of place of trial pursuant to CPLR 511 (a). The appellants failed to comply with this requirement. Although that branch of their motion could have been granted in the court's discretion (see, Aureliano v Hunt-Wesson...

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