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CAROBERT v. BALDOR ELECTRIC CO.

2012-00900.

102 A.D.3d 905 (2013)

958 N.Y.S.2d 611

2013 NY Slip Op 449

SMITH CAROBERT, Appellant, v. BALDOR ELECTRIC COMPANY et al., Respondents.

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

Decided January 30, 2013.

Ordered that the order is affirmed, with one bill of 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 defendants did not serve their demands for a change of venue until after they served their answers, they were not entitled to...

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