Williams v. Bronx Harbor Health Care Complex, Inc.

Summary

The Appellate Division, First Department, affirmed the denial of defendant's motion for leave to renew and reargue its prior motion to change venue and dismissed the remainder of the appeal as taken from a nonappealable paper. The court held that the venue motion was untimely because defendant knew of the contractual venue-selection clause, engaged in discovery in Bronx County for more than a year, and waited 14 months after commencement of the action to seek a venue change.

Holdings

1. A motion to change venue was properly denied as untimely where defendant knew of the venue-selection clause and possessed the executed agreement at the commencement of the action, yet participated in Bronx County discovery and conferences for more than a year before moving.
2. The appeal was dismissed to the extent it was taken from a nonappealable paper, while the appealable portion denying leave to renew and reargue was affirmed.

Questions Presented

1. Whether Supreme Court providently exercised its discretion in finding defendant's motion for a change of venue untimely.
2. Whether the portion of the order denying leave to renew and reargue was appealable.

Disposition

other