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Schwarz v. Armand Erpf Estate

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 316 (N.Y. App. Div. 1996)

Opinion

October 29, 1996.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about May 8, 1996, which denied defendants' motion for a change of venue pursuant to CPLR 510 (3) from New York County to Delaware County, unanimously affirmed, with costs.

Before: Rosenberger, J. P., Ellerin, Ross, Nardelli and Mazzarelli, JJ.


The motion was properly denied as untimely. Defendants possessed the information necessary to make the motion from the commencement of the action but did not do so for some 16 months, and fail to offer a reasonable excuse for the delay (CPLR 511 [a]).


Summaries of

Schwarz v. Armand Erpf Estate

Appellate Division of the Supreme Court of New York, First Department
Oct 29, 1996
232 A.D.2d 316 (N.Y. App. Div. 1996)
Case details for

Schwarz v. Armand Erpf Estate

Case Details

Full title:THOMAS SCHWARZ, an Infant, by His Mother and Natural Guardian, DONNA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 29, 1996

Citations

232 A.D.2d 316 (N.Y. App. Div. 1996)
648 N.Y.S.2d 445

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