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THOMAS v. GUTTIKONDA

2009-00253

68 A.D.3d 853 (2009)

2009 NY Slip Op 9212

889 N.Y.S.2d 679

HERBERT THOMAS, Respondent, v. VEERANJANEYA V. GUTTIKONDA et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 8, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

A demand to change venue based on the designation of an improper county (see CPLR 510 [1]) "shall be served with the answer or before the answer is served" (CPLR 511 [a]). Since the appellants failed to serve a timely demand for a change of venue and failed to make a motion within the 15-day period required under the statute (see CPLR 511 [b]), they were not entitled to change the...

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