Opinion
April 13, 2000.
Order, Supreme Court, Bronx County (George Friedman, J.), entered October 20, 1999, which denied defendant's motion to change venue to Putnam County on the ground that the Bronx is not a proper county, unanimously affirmed, without costs.
Jon Kolbrener, for defendant-appellant.
WALLACH, J.P., LERNER, RUBIN, BUCKLEY, JJ.
The motion, which was made approximately eight months after defendant's deposition at which defendant learned of plaintiff's alleged true residence in Putnam County, was properly denied on the ground that it was not made promptly after such deposition (see, Runcie v. Cross County Shopping Mall, 268 A.D.2d 577, 2000 N.Y. App. Div. LEXIS 949; cf., Horowicz v. RSD Transp. 249 A.D.2d 511; compare,Philogene v. Fuller Auto Leasing, 167 A.D.2d 178, 179). We would also note that there is no explanation as to why plaintiff's deposition was not conducted until more than two years after the action was commenced.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.