BROWN v. UNITED ODD FELLOW & REBEKAH HOME, INC.

11669N. 28169/17E.

184 A.D.3d 478 (2020)

124 N.Y.S.3d 189

2020 NY Slip Op 03461

Marie Brown, Respondent, v. United Odd Fellow and Rebekah Home, Inc., Doing Business as Rebekah Rehab & Extended Care, Appellant, et al., Defendants.

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

Decided June 18, 2020.


The court exercised its discretion in a provident manner in determining that appellant's motion to change venue was untimely. Appellant was aware of the venue selection clause in its own admission agreement and the agreement, which was signed by plaintiff's decedent, was in its possession at all times. However, defendant waited almost two years after the action was commenced before seeking a change of venue, and provided no reasonable explanation for the delay (see Sade...

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