Schwarz v. Armand Erpf Estate

Appellate Division of the Supreme Court of New York

Schwarz v. Armand Erpf Estate

232 A.D.2d 316, 648 N.Y.S.2d 445, 1996 N.Y. App. Div. LEXIS 10559

Appellate Division of the Supreme Court of the State of New York·Decided October 29, 1996·Published·Cited by 4 cases

Opinion

—Order, Supreme Court, New York County (Alice Schlesinger, J.), [317]*317entered on or about May 8,1996, which denied defendants’ motion for a change of venue pursuant to CPLR 510 (3) from New York County to Delaware County, unanimously affirmed, with costs.

The motion was properly denied as untimely. Defendants possessed the information necessary to make the motion from the commencement of the action but did not do so for some 16 months, and fail to offer a reasonable excuse for the delay (CPLR 511 [a]). Concur—Rosenberger, J. P., Ellerin, Ross, Nardelli and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Alice Schlesinger, J.), [317]*317entered on or about May 8,1996, which denied defendants’ motion for a change of venue pursuant to CPLR 510 (3) from New York County to Delaware County, unanimously affirmed, with costs.

The motion was properly denied as untimely. Defendants possessed the information necessary to make the motion from the commencement of the action but did not do so for some 16 months, and fail to offer a reasonable excuse for the delay (CPLR 511 [a]). Concur—Rosenberger, J. P., Ellerin, Ross, Nardelli and Mazzarelli, JJ.

Schwarz v. Armand Erpf Estate, 232 A.D.2d 316, 648 N.Y.S.2d 445, 1996 N.Y. App. Div. LEXIS 10559 (N.Y. Ct. App. 1996).

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232 A.D.2d 316 (Schwarz v. Armand Erpf Estate) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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