Card Set Information
NYP 5 - Venue
1) Cases involving real estate?
2) All other cases?
: 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***
party is a NY resident when the action commences, venue is proper in
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)
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