Appellate Division of the Supreme Court of New York, 2011

Kallas v. Costello

Appellate Division of the Supreme Court of New York · Decided December 27, 2011

90 A.D.3d 997; 934 N.Y.2d 860

Cases that cite this one

2 later published cases cite this decision.

Schwartz v. Yellowbook, Inc. (Appellate Division of the Supreme Court of New York 2014)
Schwartz v. Yellowbook, Inc. (Appellate Division of the Supreme Court of New York 2014)

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

The Supreme Court improvidently exercised its discretion in granting the defendant’s motion for a change of venue from Kings County to Orange County, since the defendant’s motion to change venue, based upon an allegedly improper county, was not served within 15 days after service of his demand for a change of venue (see CPLR 511 [b]; Wilkerson v 134 Kitty’s Corp., 49 AD3d 718 [2008]; Parks v Costco Wholesale Member*998ship, Inc., 19 AD3d 570 [2005]), and there is nothing in the record which suggests that this case falls within the narrow exception to the rule (compare Brash v Richards, 87 AD3d 556 [2011]; Accardi v Kaufmann, 82 AD3d 803 [2011]). Mastro, A.EJ., Balkin, Chambers and Sgroi, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.