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GIDDINGS v. CENTURY 21 DEPT. STORES, LLC

2014-04250, Index No. 502835/13.

124 A.D.3d 717 (2015)

998 N.Y.S.2d 645

GAVIN GIDDINGS, Also Known as GAVIN GGIDDINGS, Respondent, v. CENTURY 21 DEPARTMENT STORES, LLC, et al., Appellants, et al., Defendants.

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

Decided January 21, 2015.

Ordered that the order is affirmed, 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]; see Carobert v Baldor Elec. Co., 102 A.D.3d 905, 906 [2013]; Thomas v Guttikonda, 68 A.D.3d 853, 854 [2009]). "Thereafter the defendant may move to change the...

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