D. Venue & Forum Non Conveniens

Question 1

In which County must trials take place?*

Answer 1

Plaintiff/Defendant

• Any county where P/D resides at time of commencement of action
• Any county designated by Plaintiff (if P/D does NOT reside in NY)
• Any county where substantial part of events/omission to claim occurred

Corporations
- Location of Principal office

Partnerships

• Location of Principal office
• Residence of Partner Plaintiff/Defendant

Municipal Defendant
- Location of Municipal Defendant

Judgment affecting real property title
- Location of real estate!!!

Question 2

When may Court change venue?*

Answer 2

Venue NOT properly placed

Impartial trial NOT possible in proper County

Venue change may promote convenience of material witnesses/ends of justice

Question 3

When may Court stay/dismiss claim?*

Answer 3

Waiver of defence

• Lack of jurisdiction
• Statute of Limitations

Examination of private inconvenience + public interest
- NO alternative forum necessarily required (unlike Federal Procedure)

Question 4

Are there limits to change of venue?

Answer 4

NO transfer to another NY Court allowed (unlike Federal Procedure)