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BYRON v. SPEKTOR

266 A.D.2d 253 (1999)

698 N.Y.S.2d 290

HELEN BYRON, Respondent, v. IOSIF SPEKTOR, Appellant, et al., Defendants.

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

Decided November 8, 1999.

Ordered that the order is affirmed, with costs.

The branch of the defendant's motion which was to change venue based on CPLR 510 (1) was untimely since no demand to change venue was served with the answer or before the answer had been served (see, CPLR 511 [a], [b]; Newman v Physicians' Reciprocal Insurers, 204 A.D.2d 210). While in certain limited circumstances a court confronted with an untimely motion for a change...

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