Practice point: The motion to change venue was granted when none of the parties resided in the county at the time the action was commenced, pursuant to CPLR 503[a], and the summons did not state the basis for placing venue in the county.
Students should note that a demand to change venue based on the designation of an improper county, pursuant to CPLR 510[1], must be served with the answer or before the answer is served, pursuant to CPLR 511[a].
The case is Accardi v. Kaufmann, NY Slip Op 01775 (2d Dept. 2011).
Tomorrows issue is settlements.
