From Casetext: Smarter Legal Research

Newman v. Physicians' Reciprocal Insurers

Appellate Division of the Supreme Court of New York, First Department
May 24, 1994
204 A.D.2d 210 (N.Y. App. Div. 1994)

Opinion

May 24, 1994

Appeal from the Supreme Court, New York County (Alfred Toker, J.).


The only basis for defendant's motion for a change of venue was that venue in New York County was improper, as none of the parties reside there (see, CPLR 503 [a]). A demand for a change of venue on this ground must be made "with the answer or before the answer is served" (CPLR 511 [a]), and, if that demand is not met, a motion must be made "within fifteen days after service of the demand" (CPLR 511 [b]). In this case, these requirements were not met. While, in certain limited circumstances, a court which is confronted with an untimely motion for change of venue based on such an argument may exercise its discretion to grant the motion (see, Pittman v. Maher, 202 A.D.2d 172), in this case defendant did not present any basis to support such an exercise of discretion.

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Tom, JJ.


Summaries of

Newman v. Physicians' Reciprocal Insurers

Appellate Division of the Supreme Court of New York, First Department
May 24, 1994
204 A.D.2d 210 (N.Y. App. Div. 1994)
Case details for

Newman v. Physicians' Reciprocal Insurers

Case Details

Full title:FREDERICK NEWMAN, Appellant, v. PHYSICIANS' RECIPROCAL INSURERS, Respondent

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

Date published: May 24, 1994

Citations

204 A.D.2d 210 (N.Y. App. Div. 1994)
612 N.Y.S.2d 863

Citing Cases

Kastner v. MacLean

Simon v. Usher, 17 N.Y.3d 625, 628 (2011); Herrera v. R. Conley Inc., 52 A.D.3d 218 (1st Dep't 2008); Kurfis…

Agresta v. Envtl. Temperature Sys. LLC

Simon v. Usher, 17 N.Y.3d 625, 628 (2011); Herrera v. R. Conlev Inc., 52 A.D.3d 218 (1st Dep't 2008); Kurfis…