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Chiriboga v. Popoli Construction

Appellate Division of the Supreme Court of New York, First Department
May 24, 2001
283 A.D.2d 327 (N.Y. App. Div. 2001)

Opinion

May 24, 2001.

Order, Supreme Court, New York County (Richard Lowe III, J.), entered May 26, 2000, which denied the motion of defendant Town and Village of Scarsdale (Scarsdale) for a change of venue from New York County to Westchester County, unanimously affirmed, without costs.

Martin M. McGlynn, for defendant-appellant.

Before: Nardelli, J.P., Mazzarelli, Wallach, Lerner, Friedman, JJ.


Scarsdale's motion for a change of venue was properly denied. Scarsdale's 16-month delay in making its motion was inordinate since it possessed the information necessary to the motion from the time of the action's commencement and offered no reasonable excuse for the delay (see, CPLR 511[a]; Schwartz v. Armand Erpf Estate, 232 A.D.2d 316).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Chiriboga v. Popoli Construction

Appellate Division of the Supreme Court of New York, First Department
May 24, 2001
283 A.D.2d 327 (N.Y. App. Div. 2001)
Case details for

Chiriboga v. Popoli Construction

Case Details

Full title:ALICIA CHIRIBOGA, Plaintiff-Respondent, v. POPOLI CONSTRUCTION, ET AL.…

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

Date published: May 24, 2001

Citations

283 A.D.2d 327 (N.Y. App. Div. 2001)
724 N.Y.S.2d 849

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