Proper Venue

Question 1

What venue is proper?

Answer 1

1. If judgment would affect title/possession to real property, venue proper in county where real property located
2. All other actions, venue proper any county where any 1 party resides at time action commenced (if no NY resident, any county) P generally chooses

Question 2

What if the venue is improper?

Answer 2

Not jurisdictional defect, D must serve demand for change of venue

If P consents, change of venue automatic

If P objects, D must make motion

Question 3

What are the discretionary grounds for change of venue?

Answer 3

1. Convenience of material witnesses (by motion of either party)
2. Reason to believe impartial trial cannot be had in particular county (by motion of either party)