Lopez v. Anker

NEW YORK COUNTY
Civil Practice

New York Law Journal

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Justice Alice Schlesinger

Anker, a physician, moved to change venue to Suffolk County in this medical malpractice action. Lopez, the plaintiff, designated venue in New York County based on Anker's residence at 203 Third Ave. However, Anker alleged his son resided at that address, and he merely co-signed the mortgage. Anker served an answer to Lopez's complaint and served a demand to change venue to Suffolk, arguing Manhattan was improperly designated. The Suffolk court denied defendants' motion to change venue, noting the motion was made in the wrong county. Thus, the court stated Anker's later filed motion in Manhattan to change venue was not filed within the 15 days provided by statute, yet was filed within the extended time provided by the Suffolk court's decision. The court questioned whether that subsequent filing was timely under CPLR 511(b), noting the time requirements of the statute were mandatory. It ruled there was no basis to grant an exception as no evidence existed that Lopez made a misleading statement. Also, despite Anker's timely filing of the initial motion, it was made in the wrong county. Accordingly, defendants' motion to change venue was denied.

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