Venue

Question 1

What are the rules for proper venue?

(If judgment would affect title or possession of RE)

(If any other action)

(If no party resides in NY)

Answer 1

1. If judgment would affect title or possession of real property: Venue is the county where real property is located
2. In all other actions: Venue is any county in NY where any of the parties resides when the action is commenced
3. If no party resides in NY: Venue is any county (situs of the case is irrelevant)

Question 2

What happens if P chooses an improper venue?

Answer 2

1. D may demand a change of venue, before or with his answer (not a jurisdictional defect)
2. If P consents: Change is automatic
3. If P objects or fails to respond: D must make a motion for change of venue (must be granted as a matter of right)

Question 3

What are the discretionary grounds for changing venue?

Answer 3

1. For convenience of material witnesses (by motion of either party)
2. For impartial trial (by motion of either party)

(N.B. These motions may be made at any reasonable time)