ACCARDI v. KAUFMANN

2010-07407.

82 A.D.3d 803 (2011)

918 N.Y.S.2d 371

VINCENT ACCARDI, Appellant, v. TREVOR KAUFMANN, Respondent, et al., Defendants.

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

Decided March 8, 2011.


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]; see Thomas v Guttikonda, 68 A.D.3d 853, 854 [2009]). Since the defendant Trevor Kaufmann did not serve his demand for a change of venue until after he served his answer, he was not entitled to change...

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