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VILLALBA v. BRADY

6920N, 157091/17.

162 A.D.3d 533 (2018)

80 N.Y.S.3d 220

2018 NY Slip Op 04518

Wilmer E. Villalba, Appellant, v. John ("Jack") R. Brady et al., Respondents, et al., Defendants.

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

Decided June 19, 2018.

The Brady defendants failed to timely serve a demand to change venue based on the placement of venue in an improper county and thus were not permitted to seek a change of venue pursuant to CPLR 511 (a) (see Kurfis v Shore Towers Condominium, 48 A.D.3d 300 [1st Dept 2008]).

In any event, plaintiff properly placed venue in New York County based upon defendant DM Carpentry Corp.'s certificate of incorporation, filed in 2011...

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