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PROPER VENUE
1) Cases involving real estate?
2) All other cases?
REAL ESTATE
: Venue is proper in county in which real property is located
ALL OTHER CASES
: County were one of the parties resides at time action is commenced***
***If
neither
party is a NY resident when the action commences, venue is proper in
any
county
What if π chooses an IMPROPER VENUE?
∆ can demand change of venue
∆ must serve demand for venue change BEFORE or WITH the Answer
if π objects, ∆ must move court for change (motion will be granted if π chose an improper venue AND ∆ chose a proper venue)
If π chooses a proper venue, can venue still be changed?
YES, for either of the following reasons
a) convenience of material witnesses
b) reason to believe that an impartial trial cannot be held in the county were the action is commenced
Author
paul
ID
23231
Card Set
NYP 5
Description
NYP 5 - Venue
Updated
2010-06-12T19:28:56Z
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