The court providently exercised its discretion in denying the motion as untimely. Defendant was aware of the venue selection clause in its own admission agreement and the agreement, which was signed by plaintiff's decedent, was in its possession at all times. Still, defendant waited almost two years after the action was commenced before seeking a change of venue, and provided no reasonable explanation for the delay.
Brown v. United Odd Fellow & Rebekah Home, Inc., NY Slip Op 03461 (1st Dep't June 18, 2020)
Here is the decision.
