Venue

Question 1

In an action in which the judgment would affect title or possession to REAL PROPERTY

Answer 1

Proper venue is the county in NY in which the real property is located

Question 2

In any action where judgment would NOT affect the title or possession to real property

Answer 2

Proper venue is any county in NY in which any one of the parties RESIDES @ the time the action is commenced

Question 3

Is Ps choice of improper venue a jurisdictional defect?

Answer 3

Noo– not a jurisdictional defect and therefore not a basis for dismissal

Question 4

What is D’s remedy for improper venue?

Answer 4

Serve a demand for change of venue to a proper county designated by defendant. Demand must be served before or w/ the answer.

P consents –> change of venue automatic

P objects or doesn’t respond –>
D has to make a motion for change of venue which must be granted as a matter of right if P chose an improper venue and the D designated a proper venue in his demand

Question 5

Discretionary Grounds for Change of Venue

Answer 5

• The convenience of material witnesses. Either party, by motion, may request the court for a change of venue to the county that would be most convenient for witnesses. This will often (but not always) be the county where the cause of action arose
• If there is reason to believe that an impartial trial cannot be had in the county where the action is commenced, either party may make a motion to change venue