NYP 5

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  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

Card Set Information

Author:
paul
ID:
23231
Filename:
NYP 5
Updated:
2010-06-12 19:28:56
Tags:
Venue
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Description:
NYP 5 - Venue
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