Venue

Question 1

What is proper venue?

Answer 1

π chooses venue & specifies it in summons according to these rules…

1) If it’s an action affecting title/possession to real property, proper venue =county where real property located
2) If it’s any other action, proper venue = county of residency of one of the parties at time action is commenced
3) If neither party resides in NY, proper venue = any county

NOTE: The loction of the c/a is generally IRRELEVANT to determine proper venue

Question 2

What is the effect of improper venue?

Answer 2

π’s choice of an improper venue is NOT jx defect (i.e. it’s NOT a basis for dismissal)

∆’s remedy = ∆ designates a proper venue after serving a demand for change of venue on π (served w/ or before the answer)
If π concedes to demand&raquo_space; automatic change If π objects or fails to respond&raquo_space; ∆ must MOTION for Change of Venue, which will be granted as a matter of right if π’s venue choice was improper and ∆’s is proper

Question 3

What are the discretionary grounds for changing venue?

Answer 3

1) Convenience of a material witness: either party (via MOTION) may request a change in venue from ct to a cty that would be most convenient for the witness
2) Bias in cty: either party (via MOTION) may request venue change if there is reason to believe that an impartial trial cannot be had in the particular cty