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MANN v. JANYEAR TRADING CORP.

4874, 21524/06, 4875N.

83 A.D.3d 566 (2011)

922 N.Y.S.2d 303

MELISSA MANN, Respondent, v. JANYEAR TRADING CORP. et al., Appellants.

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

Decided April 21, 2011.

The untimeliness of defendants' demand for a change of venue and the subsequent motion is excusable because the summons, complaint, and bill of particulars misleadingly indicated that plaintiff resided in Bronx County (see Philogene v Fuller Auto Leasing, 167 A.D.2d 178 [1990]). Furthermore, the record shows that defendants promptly moved only days after ascertaining that the statements...

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