Chiriboga v. Popoli Construction

Appellate Division of the Supreme Court of New York

Chiriboga v. Popoli Construction

283 A.D.2d 327, 724 N.Y.S.2d 849, 2001 N.Y. App. Div. LEXIS 5404

Appellate Division of the Supreme Court of the State of New York·Decided May 24, 2001·Published

Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered May 26, 2000, which denied the motion of defendant Town and Village of Scarsdale (Scarsdale) for a change of venue from New York County to Westchester County, unanimously affirmed, without costs.

Scarsdale’s motion for a change of venue was properly denied. Scarsdale’s 16-month delay in making its motion was inordinate since it possessed the information necessary to the motion from the time of the action’s commencement and of[328]*328fered no reasonable excuse for the delay (see, CPLR 511 [a]; Schwarz v Armand Erpf Estate, 232 AD2d 316). Concur— Nardelli, J. P., Mazzarelli, Wallach, Lerner and Friedman, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered May 26, 2000, which denied the motion of defendant Town and Village of Scarsdale (Scarsdale) for a change of venue from New York County to Westchester County, unanimously affirmed, without costs.

Scarsdale’s motion for a change of venue was properly denied. Scarsdale’s 16-month delay in making its motion was inordinate since it possessed the information necessary to the motion from the time of the action’s commencement and of[328]*328fered no reasonable excuse for the delay (see, CPLR 511 [a]; Schwarz v Armand Erpf Estate, 232 AD2d 316). Concur— Nardelli, J. P., Mazzarelli, Wallach, Lerner and Friedman, JJ.

Chiriboga v. Popoli Construction, 283 A.D.2d 327, 724 N.Y.S.2d 849, 2001 N.Y. App. Div. LEXIS 5404 (N.Y. Ct. App. 2001).

Pincite

283 A.D.2d 327 (Chiriboga v. Popoli Construction) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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