Opinion
8539N Index 303466/16
02-26-2019
Gregorio SANCHEZ, Plaintiff–Respondent, v. 1 BURGESS ROAD, LLC, Defendant–Appellant.
Harrington, Ocko & Monk, LLP, White Plains (Adam G. Greenberg of counsel), for appellant. Gorayeb & Associates, P.C., New York (Martin J. Moskowitz of counsel), for respondent.
Harrington, Ocko & Monk, LLP, White Plains (Adam G. Greenberg of counsel), for appellant.
Gorayeb & Associates, P.C., New York (Martin J. Moskowitz of counsel), for respondent.
Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.
The motion court properly denied defendant's motion for a change of venue as untimely ( CPLR 511[a], [b] ). Defendant waited three months to move after plaintiff admitted that, although he had placed venue in Bronx County at the commencement of the action on the basis of his residence, he actually resided in Westchester County at the relevant time (see Collins v. Glenwood Mgt. Corp., 25 A.D.3d 447, 449, 810 N.Y.S.2d 17 [1st Dept. 2006] ; Pittman v. Maher, 202 A.D.2d 172, 174–175, 608 N.Y.S.2d 199 [1st Dept. 1994] ).
To the extent defendant argues, in the alternative, that a change of venue would serve the convenience of material witnesses and the ends of justice (see CPLR 510 ), this argument is undermined by defendant's failure to annex affidavits by any such witnesses setting forth the nature of their proposed testimony and the manner in which they would be inconvenienced by a trial in Bronx County (see Villalba v. Brady, 162 A.D.3d 533, 80 N.Y.S.3d 220 [1st Dept. 2018] ).