Opinion
11669N Index 28169/17E
06-18-2020
Marie BROWN, etc., Plaintiff–Respondent, v. UNITED ODD FELLOW AND REBEKAH HOME, INC., doing business as Rebekah Rehab & Extended Care, Defendant–Appellant, Bronx–Lebanon Hospital Center, et al., Defendants.
Catalano Gallardo & Petropoulos, LLP, Jericho (Richard M. Fedrow of counsel), for appellant. Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Catalano Gallardo & Petropoulos, LLP, Jericho (Richard M. Fedrow of counsel), for appellant.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.
Acosta, P.J., Richter, Mazzarelli, Webber, Gonza´lez, JJ.
Order, Supreme Court, Bronx County (George J. Silver, J.), entered September 11, 2019, which denied the motion of defendant United Odd Fellow and Rebekah Home, Inc. to change of venue from Bronx County to Nassau County, unanimously affirmed, without costs.
The court exercised its discretion in a provident manner in determining that appellant's motion to change venue was untimely. Appellant was aware of the venue selection clause in its own admission agreement and the agreement, which was signed by plaintiff's decedent, was in its possession at all times. However, defendant waited almost two years after the action was commenced before seeking a change of venue, and provided no reasonable explanation for the delay (see Sade San A Jong v. Lesense, 114 A.D.3d 624, 980 N.Y.S.2d 771 [1st Dept. 2014] ; Mena v. Four Wheels Co., 272 A.D.2d 223, 708 N.Y.S.2d 74 [1st Dept. 2000] ).
Accordingly we need not reach any other issues raised by the parties.