Key Takeaway
Learn the critical timing and location rules for venue transfer motions in New York courts, including common procedural pitfalls that can derail your case.
Understanding Venue Transfer Motions in New York Courts
Venue decisions can make or break a case before it even reaches the merits. In New York civil litigation, including New York No-Fault Insurance Law cases, knowing where and when to file a venue transfer motion is crucial for practitioners. The Civil Practice Law and Rules (CPLR) provides specific procedural requirements that must be followed precisely, and even experienced attorneys can stumble on these technical details.
When a defendant believes a case has been filed in the wrong county, they have options — but those options come with strict deadlines and location requirements. A misstep in either timing or venue selection can result in waived rights and procedural defeats that have nothing to do with the underlying case merits.
Jason Tenenbaum’s Analysis:
“Where a demand to change venue claiming the designation of an improper county is opposed by a plaintiff, any subsequent motion to transfer venue must be made within 15 days after service of the demand, in the county designated by plaintiff (CPLR 511)”
“Here, after defendants’ demand was opposed by two of the three plaintiffs in these joined actions, defendants improperly noticed their motion in Westchester County.”
I always learned it was just safer bringing a venue changing motion in the Court where the case is brought. The CPLR gives the practitioner the right to bring the motion in the county where venue should have been laid. As can be seen, that is fraught with risks.
Key Takeaway
While CPLR 511 technically allows venue transfer motions to be filed in either the county where the case was brought or where it should have been brought, the safer practice is always filing in the plaintiff’s chosen county. This approach avoids procedural pitfalls and ensures compliance with the strict 15-day deadline after opposition to your venue demand.
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Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
