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LAMANTIA v. NORTH SHORE UNIVERSITY HOSPITAL

259 A.D.2d 294 (1999)

686 N.Y.S.2d 416

BETTY LAMANTIA, Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL, Doing Business as NORTH SHORE COMMUNITY SERVICES, INC., Appellant.

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

Decided March 9, 1999.

As a general matter, strict compliance with the time requirements set forth in CPLR 511 (a) and (b) is required when defendants allege that venue was improperly placed (see, Pittman v Maher, 202 A.D.2d 172; Rosenthal v Bologna, 211 A.D.2d 436). Nevertheless, noncompliance should be excused where it was caused by "plaintiff's willful omissions and misleading statements" so long as defendant...

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