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SANCHEZ v. 1 BURGESS ROAD, LLC,

8539N. 303466/16.

169 A.D.3d 605 (2019)

92 N.Y.S.3d 876

2019 NY Slip Op 01379

Gregorio Sanchez, Respondent, v. 1 Burgess Road, LLC, Appellant.

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

Decided February 26, 2019.

The motion court properly denied defendant's motion for a change of venue as untimely (CPLR 511 [a], [b]). Defendant waited three months to move after plaintiff admitted that, although he had placed venue in Bronx County at the commencement of the action on the basis of his residence, he actually resided in Westchester County at the relevant time (see Collins v Glenwood Mgt. Corp., 25 A.D.3d 447, 449 [1st Dept 2006]; Pittman v...

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