Venue

Question 1

What are the rules for proper venue?

Answer 1

Plaintiff chooses venue and specifies it in the summons in accordance with the following rules:

1. In an action in which the judgment would affect title or possession to real property - proper venue is the county of NY in which the real property is located.
2. In all other actions - it is any county in NY in which either of the parties reside is proper venue.

Question 2

What happens if the plaintiff has chosen improper venue?

Answer 2

It is not a jurisdictional defect, and therefore is not a basis for dismissal.

Defendant’s remedy for improper venue is to serve a demand on plaintiff for change of venue to a proper county designated by defendant. The demand must be served before or with the answer.

If plaintiff consents to the demand, the change of venue to the defendant’s designated county will be automatic.

If plaintiff objects to the demand or fails to respond to it, the defendant must make a motion for change of venue, which will be granted as a matter of right, if plaintiff did pick wrong venue, to defendant’s designated county.

Question 3

What are discretionary grounds for change of venue?

Answer 3

1. For convenience of material witnesses;
2. For impartial trial;

NOTE: The demand procedure is not applicable to the discretionary grounds for change of venue. Either party may move for discretionary venue relief at a “reasonable” time.