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RUNCIE v. CROSS COUNTY SHOPPING MALL

268 A.D.2d 577 (2000)

702 N.Y.S.2d 612

WINSTON RUNCIE et al., Appellants, v. CROSS COUNTY SHOPPING MALL et al., Respondents, et al., Defendants.

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

Decided January 31, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the Clerk of the Supreme Court, Westchester County, is directed to deliver all papers filed in this action to the Clerk of the Supreme Court, Kings County.

A demand to change venue based on the designation of an improper county (see, CPLR 510 [1]) "shall be served with the answer or before the answer is served" (CPLR 511 [a]). Where, as here, the respondents fail to serve...

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