NYP 4.txt

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Author:
twiggy924
ID:
26445
Filename:
NYP 4.txt
Updated:
2010-07-12 12:41:17
Tags:
Venue
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Description:
Venue
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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?
    • (1) ∆ can demand change of venue
    • (2) ∆ must serve demand for venue change BEFORE or WITH the Answer
    • (3) if π objects, ∆ must move court for change (motion will be granted if π chose an improper venue AND ∆ chose a proper venue)
  3. Discretionary Grunds for Change of Venue
    Either party may make a motion to change venue on the following grounds:

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

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