Venue Flashcards
Where the judgment would affect title to or possession of real property, how is proper venue determined?
The county where the real property is located is the proper venue.
In any action not involving ownership or possession of real property, how is proper venue determined?
Any county where any of the parties reside at the time the action is commenced.
If the action is not about real property and no parties reside in NY, howe is proper venue determined?
Any county in NY is proper.
If P selects an improper venue, is that a jurisdictional defect requiring dismissal?
No - improper venue is not a ground for dismissal.
What is D’s remedy if P selects an improper venue?
D serves a demand on P for change of venue to a proper county designated by D - before serving the answer.
If P does not consent to D’s choice of venue, what must D do to change the venue?
Make motion for change of venue, which will be granted if P’s was improper and D’s is proper.
When does the court have discretion to change the venue?
On motion by either party for the convenience of material witness(es) or if it is reasonable to believe there cannot be an impartial trial in the county.
