CACIO v. CACIO


236 A.D.2d 574 (1997)

654 N.Y.S.2d 670

Victor Cacio, Appellant, v. Elena Cacio, Respondent

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

February 24, 1997


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

The Supreme Court did not err in granting that part of the wife's motion which was to change the venue of the action from Kings County to Queens County pursuant to CPLR 510 (1). Neither party resided in Kings County, the marital residence was located in Queens County, and the wife served her demand for a change of venue before she served her answer (see, CPLR 503, 511 [a]).

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