Narrative Opinion Summary
The Supreme Court of Bronx County, presided by Judge Norma Ruiz, issued an order on March 30, 2011, denying the defendants' motion to change the venue from Bronx County to Orange County under CPLR 510 (3). The court affirmed the decision unanimously and without costs. The motion was deemed untimely as it was filed more than two years after the action commenced, contravening the requirement for such motions to be made within a reasonable time frame. Relevant case law, including *Mena v Four Wheels Co.* and *Herrera v St. Luke’s/Roosevelt Hosp. Ctr.*, supported this determination. The appeal was concurred by Justices Mazzarelli, Catterson, Moskowitz, Richter, and Manzanet-Daniels.
Legal Issues Addressed
Change of Venue under CPLR 510 (3)subscribe to see similar legal issues
Application: The court denied the defendants' motion to change the venue due to the motion's untimeliness, as it was filed more than two years after the action commenced.
Reasoning: The motion was deemed untimely as it was filed more than two years after the action commenced, contravening the requirement for such motions to be made within a reasonable time frame.
Timeliness of Motionsubscribe to see similar legal issues
Application: The decision to deny the motion was supported by relevant case law, emphasizing the importance of filing such motions within a reasonable period.
Reasoning: Relevant case law, including *Mena v Four Wheels Co.* and *Herrera v St. Luke’s/Roosevelt Hosp. Ctr.*, supported this determination.