The defendant shall serve with the answer, or prior to service of the answer, a demand for a change of place of trial on the ground that the designated county is not a proper county. Subsection (b) permits the defendant to move to change the place of trial within fifteen days after service of the demand. Where the defendant fails to make a timely demand for a change of venue on the ground that the venue designated by the plaintiff was improper, or to make a timely motion on that ground, the defendant is not entitled to a change of venue as of right, and the motion is addressed to the court's discretion.
Suki Bus., Inc. v. East Coast Realtors, Inc., NY Slip Op 06205 (2d Dep't November 10, 2021)
