CASE GETS TO STAY STAY IN THE BRONX
On April 5, 2022, defendant RJC learned of the Plaintiff JG's Westchester address (via medical authorizations and a report). The following day, on April 6, 2022, RJC’s counsel served a demand for a change of venue from Bronx to Westchester County. And when a formal motion was later interposed, the Bronx County Supreme Court granted relief in the defendant's favor.
Since New York State law -- CPLR 511(b) -- required that this particular motion be made within fifteen (15) days after the demand was served, the governing deadline was April 21, 2022. But because the motion here wasn’t made until April 26, 2022 (some five (5) days late), the Appellate Division, First Department, thought the underlying determination was made in error and reversed.
The AD1 noted, in part, “Defendant did not move within the strict time limits provided by the statute and failed to offer any explanation for the delay.”
Talk about a strict statutory construction ….
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DECISION