Although the moving defendants made a timely demand for a change of venue, their motion for such relief was untimely. A defendant "may move to change the place of trial within fifteen days after service of the demand," unless the plaintiff consents to the change of venue within five days of service of the demand (CPLR 511[b]). Here, the motion for a change of venue, made 20 days after service of the demand, must be rejected as untimely (see Singh v Becher,
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SIMON v. USHER
2700, 305788/09
73 A.D.3d 415 (2010)
899 N.Y.S.2d 601
ALLEN SIMON et al., Appellants, v. SOL M. USHER et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 4, 2010.
Decided May 4, 2010.
Appellate Division of the Supreme Court of New York, First Department.
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