Defendants' motion to change venue from Bronx County to Westchester County is denied as untimely made. Defendants have a reasonable excuse for their failure to make a timely demand to change venue. They learned of plaintiff's Westchester address on April 5, 2022, when they received plaintiff's medical authorizations and a copy of the Aided report, and made a demand to change venue the day the next day.after, on April 6, 2022. However, pursuant to CPLR 511(b), defendants had until April 21, 2022, 15 days after service of their demand, to make the motion. Defendants' motion is untimely, as it was made on April 26, 2022, 20 days after the demand. Defendants offered no explanation for their failure to move within the statutory time-limits.
Gomez v. Cypser, NY Slip Op 01060 (1st Dep't February 28, 2023)
