From Casetext: Smarter Legal Research

Giacoio v. Chapel

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1991
171 A.D.2d 443 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the Supreme Court, Bronx County (Alan J. Saks, J.).


Defendant was placed on notice of the potential challenge to the venue of the action when plaintiff's deposition was taken in July 1989. A note of issue and statement of readiness were filed in the action in Bronx County on or about October 20, 1989, and defendant took no steps to determine or challenge the venue of the action until in or about April 1990. Accordingly, it cannot be said that the motion court abused its discretion in finding that defendant's motion was barred by laches, and inasmuch as defendant has made no showing that the convenience of witnesses and the interests of justice require that the action be transferred to Westchester County, the order is affirmed.

Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Kassal, JJ.


Summaries of

Giacoio v. Chapel

Appellate Division of the Supreme Court of New York, First Department
Mar 7, 1991
171 A.D.2d 443 (N.Y. App. Div. 1991)
Case details for

Giacoio v. Chapel

Case Details

Full title:FRANK GIACOIO, Respondent, v. JOHN A. CHAPEL, Appellant

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 443 (N.Y. App. Div. 1991)