Aureliano v. Hunt-Wesson Foods, Inc.

Appellate Division of the Supreme Court of New York

Aureliano v. Hunt-Wesson Foods, Inc.

124 A.D.2d 691, 508 N.Y.S.2d 202, 1986 N.Y. App. Div. LEXIS 61997

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1986

StatusPublished

Cited by1 cases

This text of 124 A.D.2d 691 (Aureliano v. Hunt-Wesson Foods, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aureliano v. Hunt-Wesson Foods, Inc., 124 A.D.2d 691, 508 N.Y.S.2d 202, 1986 N.Y. App. Div. LEXIS 61997 (N.Y. Ct. App. 1986).

Pincite

Opinion

The plaintiffs, in their summons, designated Nassau County as the venue for the instant action on the ground that it was the "defendant’s place of business”.

The motion of the defendants Hunt-Wesson Foods, Inc. and Norton Simon, Inc. was one to change venue as a matter of right, on the ground that the county selected by the plaintiffs [692]*692for trial was not proper, i.e., that none of the defendants had their principal offices in Nassau County (see, CPLR 503 [c]; 510 [1]). To change venue as a matter of right, these defendants were obligated to serve a "demand * * * for change of place of trial” either before or with the service of their answer, pursuant to CPLR 511 (a). The movants failed to comply with this requirement. Although their motion for a change of venue could have been granted in the court’s discretion (see, De Litta v Milde, 52 AD2d 548), under all of the circumstances herein, including the laches involved, Special Term did not abuse its discretion in denying the motion to change venue from Nassau County to Suffolk County. Mangano, J. P., Brown, Rubin and Eiber, JJ., concur.

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The plaintiffs, in their summons, designated Nassau County as the venue for the instant action on the ground that it was the "defendant’s place of business”.

The motion of the defendants Hunt-Wesson Foods, Inc. and Norton Simon, Inc. was one to change venue as a matter of right, on the ground that the county selected by the plaintiffs [692]*692for trial was not proper, i.e., that none of the defendants had their principal offices in Nassau County (see, CPLR 503 [c]; 510 [1]). To change venue as a matter of right, these defendants were obligated to serve a "demand * * * for change of place of trial” either before or with the service of their answer, pursuant to CPLR 511 (a). The movants failed to comply with this requirement. Although their motion for a change of venue could have been granted in the court’s discretion (see, De Litta v Milde, 52 AD2d 548), under all of the circumstances herein, including the laches involved, Special Term did not abuse its discretion in denying the motion to change venue from Nassau County to Suffolk County. Mangano, J. P., Brown, Rubin and Eiber, JJ., concur.

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Bluebook (online)

124 A.D.2d 691, 508 N.Y.S.2d 202, 1986 N.Y. App. Div. LEXIS 61997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aureliano-v-hunt-wesson-foods-inc-nyappdiv-1986.

Opinion

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