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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***
party is a NY resident when the action commences, venue is proper in any
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)
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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