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JOYNER-PACK v. SYKES

30 A.D.3d 469 (2006)

817 N.Y.S.2d 342

NYRELL JOYNER-PACK et al., Respondents, v. JOSEPH SYKES et al., Defendants, and DIANA WEAVER et al., Appellants.

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

June 13, 2006.

Ordered that the order is affirmed, with costs.

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]). Since the appellants failed to serve a timely demand for a change of venue and failed to make a motion within the 15-day period required under the statute (see CPLR 511 [b]), they were not entitled to a change of venue as a matter of...

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