Practice point: 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].
Student note: If the motion is made after the answer is served, its
disposition is left to the Court’s discretion.
Case: Carobert v. Baldor Elec. Co., NY Slip Op 00449 (2d Dept.
2013).
Here is the decision.
Monday’s issue: Agency and Labor Law.
