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KURFIS v. SHORE TOWERS CONDOMINIUM

48 A.D.3d 300 (2008)

852 N.Y.S.2d 76

LILLIAN KURFIS, Appellant, v. SHORE TOWERS CONDOMINIUM et al., Respondents.

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

Decided February 19, 2008.

Bronx County was an improper venue for this action as it appears that plaintiff and defendants all reside in Queens County and the action arose in Queens. Nevertheless, for a change in venue predicated on a plaintiff's designation of an improper county (CPLR 510 [1]), the demand for change of venue must be served with or prior to the answer (CPLR 511 [a]). Here, the demand was served more than a year after joinder of issue. As the statutory procedure was not followed, defendants...

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