Defendant's motion was denied as untimely. Defendant does not dispute that it was aware of the venue selection clause in the parties' agreement, and that it had the fully executed agreement in its possession when plaintiff commenced this action. Nonetheless, before making its motion, defendant engaged in discovery in Bronx County for more than a year, exchanging documentary evidence with plaintiff and appearing at numerous court conferences in that county. Defendant argues, to no effect, that it could not have moved for a change of venue earlier because it became aware of the relevant facts only after it deposed plaintiff. While depositions had not been held at the time of the motion, the depositions were scheduled and held shortly after defendant filed its motion. Further, defendant has never explained why it waited 14 months after the action's commencement before seeking a change of venue, pursuant to CPLR 511[a].
Williams v. Bronx Harbor Health Care Complex, Inc., NY Slip Op 00508 (1st Dep't February 2, 2023)
