Appellate Division of the Supreme Court of New York, 2003

P.T.R. Co. v. Teitelbaum

Appellate Division of the Supreme Court of New York · Decided December 15, 2003

2 A.D.3d 609; 768 N.Y.S.2d 387

Cases that cite this one

4 later published cases cite this decision.

Thomas v. Guttikonda (Appellate Division of the Supreme Court of New York 2009)
Silvera v. Strike Long Island (Appellate Division of the Supreme Court of New York 2008)
Joyner-Pack v. Sykes (Appellate Division of the Supreme Court of New York 2006)
Parks v. Costco Wholesale Membership, Inc. (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*610In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), entered November 18, 2002, as denied her motion pursuant to CPLR 503 and 511 (b) to change the venue of the action from Westchester County to Kings County.

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

The defendant failed to move for a change of venue within 15 days after service of her demand. Therefore, the motion was properly denied (see CPLR 511 [b]; Runcie v Cross County Shopping Mall, 268 AD2d 577 [2000]). The defendant’s claim that she was misled as to the plaintiffs actual residence is not supported by the record. Accordingly, there exists no basis for her contention that her noncompliance with the time limit should be overlooked since she moved promptly after discovering the plaintiff’s true residence. Ritter, J.P., Smith, Friedmann, H. Miller and Crane, JJ., concur.

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