The Second Department denied defendants' motion for a change of venue as untimely, in Obas v. Grappel, which was decided on August 14, 2007. The court noted that, pursuant to CPLR 511[a], a demand to change venue based on the designation of an improper county must be served with, or before, the answer. Furthermore, pursuant to CPLR 511[b], defendants are required to make a motion for that relief within 15 days after the service of their demand.

Failing that, the issue of venue is discretionary with the court, and, here, the court found (1) that defendants failed to move promptly for a change of venue even after ascertaining plaintiff's alleged true residence, and (2) that there was nothing in the record to establish that plaintiff had misled defendants or had sought to manipulate the venue rules to his advantage.