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PATRICK v. 278 8TH ASSOC.

25885/17E. Appeal No. 14925. Case No. 2021-01553.

200 A.D.3d 617 (2021)

155 N.Y.S.3d 780

2021 NY Slip Op 07518

Matthew E. Patrick, Respondent, v. 278 8th Associates et al., Appellants. 278 8th Associates et al., Third-Party Plaintiffs-Appellants, v. The Gap, Inc., Third-Party Defendant-Appellant.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Varvaro, Cotter, & Bender, White Plains ( Rose Cotter of counsel), for 278th 8th Associates, 278 8th Avenue Associates LLC, John Q. Aymar Corporation, Jack Jemal and Midboro Management, Inc., appellants.

McAndrew Conboy & Prisco, LLP, Melville ( Peter G. Prisco of counsel), for The Gap, Inc., appellant.

Burns & Harris, New York ( Judith F. Stempler of counsel), for respondent.

Concur—Webber, J.P., Mazzarelli, Gesmer, González, Rodriguez, JJ.

The court properly found that defendants' and third-party defendant's motions to change venue were not timely under CPLR 511(a) and (b) because they were not made promptly after the movants obtained information sufficient to put them on notice that plaintiff may not have resided in Bronx County at the time the action was filed. Although the summons and complaint filed on June 30, 2017 stated that plaintiff resided in that county, his residence was listed as New York County...

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