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IME WATCHDOG, INC. v. BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.

2394NA, 2394N.

145 A.D.3d 464 (2016)

2016 NY Slip Op 08174

44 N.Y.S.3d 9

IME WATCHDOG, INC., Respondent, v. BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C., et al., Appellants.

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

Decided December 6, 2016.

On a motion to change venue, pursuant to CPLR 510 (1), "defendant's burden ... is limited to establishing that the designated county is improper" (Garced v Clinton Arms Assoc., 58 A.D.3d 506, 509 [1st Dept 2009]). Baker McEvoy clearly met its burden of proving that the designated county, in which none of the parties resided, was improper (CPLR 503 [a]). Having designated an improper county for venue and not submitted an affidavit...

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