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FISH v. DAVIS

2697N, 159576/15.

146 A.D.3d 485 (2017)

2017 NY Slip Op 00118

45 N.Y.S.3d 46

JENNIFER FISH, Respondent, v. PAULA DAVIS et al., Appellants.

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

Decided January 10, 2017.

The motion court properly noted that defendants failed to comply with the procedural requirements of CPLR 511 by moving to change venue four months after serving an answer that did not request a change of venue (see CPLR 511; Pittman v Maher, 202 A.D.2d 172, 175 [1st Dept 1994]). When a defendant fails to make a demand to change venue, the court may still exercise its discretion...

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