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Alicia Chiriboga, Respondent, v. Popoli Construction et al., Defendants, and Town and Village of Scarsdale, Appellant. (And a Third-Party Action.)

New York Supreme Court, Appellate Division2001-05-24
283 A.D.2d 327724 N.Y.S.2d 849

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Opinion

majority opinion

—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.

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 of fered no reasonable excuse for the delay (see, CPLR 511 [a]; Schwarz v Armand Erpf Estate, 232 AD2d 316). Concur— Nardelli, J. P., Mazzarelli, Wallach, Lerner and Friedman, JJ.