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PRATO v. ARZT

3952, 302841/09.

79 A.D.3d 622 (2010)

912 N.Y.S.2d 881

PEGGY PRATO, Respondent, v. SARAH ARZT, D.O., et al., Defendants, and STERLING ALEXANDER, M.D., Appellant.

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

Decided December 28, 2010.

Defendant seeks to avoid the result of failing to move for a change of venue within 15 days after serving his demand (CPLR 511 [b]), and failing to offer a reason for the delay, by asserting that plaintiff engaged in duplicitous conduct. However, nowhere in his motion did defendant allege that plaintiff made "misleading statements as to [her] actual residence" (Pittman v Maher, 202 A.D.2d 172, 174 [1994] [internal quotation...

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