Practice point: A defendant may move to change the place of trial within fifteen days after service, unless plaintiff consents to the change of venue within five days of service, pursuant to CPLR 511[b].
Students should note that a default judgment should not be entered if a delay in answering is brief and plaintiff alleges no prejudice.
Case: Siwek v. Phillips, NY Slip Op 01848 (1st Dept. 2010)
The opinion is here.
Tomorrow's issue: Contracts.
