venue

Question 1

appropriate venue?

Answer 1

if NYSC has acquired jx, every SC in state, regardless of county, would have power to hear case. rules of venue regulate appropriate county in NY for trial of SC action.

default is residency, unless motion

Question 2

proper venue

Answer 2

a) If judgment would affects title or possession to real property → county where real property located.
b) All other actions → P chooses any county where any one party resides at time action commenced (filed)
1) If no party resides in NY → any county is proper (P can choose).
2) Where Action Arose Irrelevant—different than most other states/federal

Question 3

improper venue

Answer 3

a) Rule: It is not a jdx defect if P’s choice is improper (i.e., not a basis for dismissal).

b) D’s Remedy: D must serve demand on P for change of venue to proper county designated by D (with or before service of answer).
1) If P Consents → automatic change of venue. Must consent within 5 days.
2) If P Objects/Fails to Respond, D must so move within 15 days of notice of demand→ D must make motion, which must be granted as matter of right IF: (1) P chose improper venue and (2) D designated proper venue in his demand

c) Discretionary Grounds for Change of Venue (Two Circumstances): Either party, by motion, may request court change venue (1) to a county most convenient for witnesses (often where cause of action arose), OR, (2) to a venue where parties can get an impartial trial (must have reason to believe impartial trial cannot be had in county where action was commenced).