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IN THE MATTER OF TNT PETROLEUM, INC. v. SEA PETROLEUM, INC.

12 A.D.3d 452 (2004)

783 N.Y.S.2d 821

In the Matter of TNT PETROLEUM, INC., Respondent, v. SEA PETROLEUM, INC., et al., Appellants.

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

November 8, 2004.

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, the Supreme Court properly denied their motion to change the venue of the proceeding to Suffolk County. The appellants submitted the motion after the Supreme Court held them in default and granted the respondent the relief it had requested. Accordingly, the motion was untimely and the appellants waived any defect in venue (see Cornell Fed. Credit Union v Thorpe, ...

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