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OBAS v. GRAPPELL

43 A.D.3d 431 (2007)

841 N.Y.S.2d 595

RAYMONDE OBAS, Respondent, v. PAUL M. GRAPPELL et al., Appellants.

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

Decided August 14, 2007.

Ordered that the order is affirmed, with costs.

A demand to change venue based on the designation of an improper county (see CPLR 503 [a]; 510 [1]) must be "served with the answer or before the answer is served" (CPLR 511 [a]). Here, since the defendants failed to serve a timely demand for a change of venue to Nassau County, and failed to make a motion for that relief within the statutory 15-day period (see CPLR 511 [b]), they were not entitled as of...

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