4. Venue

Question 1

What is venue?

Answer 1

The proper county, in NY, for the trial of a Supreme Court action

Question 2

What is proper venue if it is an action affecting title or the possession to real property?

Answer 2

Proper venue is the county in NY in which the real property is located

Question 3

What is the proper venue for all other actions besides an action affecting title or the possession to real property?

Answer 3

Any county in NY in which any one of the parties resides at the time the action is commenced.

Question 4

Where is proper venue if none of the parties reside in NY?

Answer 4

Any county in NY

Question 5

What happens if the Plaintiff places venue in an improper county?

Answer 5

The worst that happens is that there will be a transfer of the case on motion of a party to the proper county in NY. It is not a ground for dismissal.

Question 6

Is there a discretionary ground for change of venue?

Answer 6

Yes, to the county that would be the most convenient for material witnesses.

Question 7

What party may request the Court for a change of venue in the Court’s discretion to the county that is the most convenient for the material witnesses?

Answer 7

Either party, by motion