NYP 5

Card Set Information

Author:
paul
ID:
23231
Filename:
NYP 5
Updated:
2010-06-12 15:28:56
Tags:
Venue
Folders:

Description:
NYP 5 - Venue
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user paul on FreezingBlue Flashcards. What would you like to do?


  1. PROPER VENUE

    1) Cases involving real estate?
    2) All other cases?
    • REAL ESTATE: Venue is proper in county in which real property is located
    • ALL OTHER CASES: County were one of the parties resides at time action is commenced***

    ***If neither party is a NY resident when the action commences, venue is proper in any county
  2. What if π chooses an IMPROPER VENUE?
    • ∆ can demand change of venue
    • ∆ must serve demand for venue change BEFORE or WITH the Answer
    • if π objects, ∆ must move court for change (motion will be granted if π chose an improper venue AND ∆ chose a proper venue)
  3. If π chooses a proper venue, can venue still be changed?
    YES, for either of the following reasons

    • a) convenience of material witnesses
    • b) reason to believe that an impartial trial cannot be held in the county were the action is commenced

What would you like to do?

Home > Flashcards > Print Preview