The flashcards below were created by user
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?
(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