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BRONX CAR PARK SYS., INC. v. FORDHAM HILL OWNERS' CORP.

Index No. 651147/22. Appeal No. 729. Case No. 2023-01182.

220 A.D.3d 440 (2023)

197 N.Y.S.3d 488

2023 NY Slip Op 05032

Bronx Car Park Systems, Inc., Respondent, v. Fordham Hill Owners' Corporation et al., Appellants.

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

Decided October 5, 2023.

Attorney(s) appearing for the Case

Smith Buss & Jacobs, LLP, Yonkers ( Ryan P. Kaupelis of counsel), for appellants.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains ( Nicholas M. MenaschÉ of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Singh, Gesmer, Rodriguez, Rosado, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about September 11, 2022, which denied defendants' motion to change venue to Bronx County, unanimously affirmed, with costs.

The motion to change venue was not procedurally improper. Defendants substantially complied with the statute by serving a demand together with the amended answer, then filing the motion within 15 days after service of the demand (see Ross v City of Rochester,

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