Corea v. Browne, 45 A.D.3d 623 (N.Y. App. Div. 2007). · Go Syfert
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Corea v. Browne, 45 A.D.3d 623 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) Barone v. Walt Whitman Mall, LLC
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
NO. 44 RECEIVED NYSCEF: 02/21/2025 prosecution of this action in serving their Amended Answer (see Id.; Corea v Browne, 45 AD3d 623, 624 [2d Dept 2007]).
discussed Cited as authority (rule) Bronx Car Park Sys., Inc. v. Fordham Hill Owners' Corp.
N.Y. App. Div. · 2023 · confidence medium
Defendants substantially complied with the statute by serving a demand together with the amended answer, then filing the motion within 15 days after service of the demand ( see Ross v City of Rochester , 8 NY2d 1067, 1067-1068 [1960]; Penniman v Fuller & Warren Co. , 133 NY 442, 444 [1892]; Corea v Browne , 45 AD3d 623, 624 [2d Dept 2007]).
discussed Cited as authority (rule) Bronx Car Park Sys., Inc. v. Fordham Hill Owners' Corp.
N.Y. App. Div. · 2023 · confidence medium
Defendants substantially complied with the statute by serving a demand together with the amended answer, then filing the motion within 15 days after service of the demand ( see Ross v City of Rochester , 8 NY2d 1067, 1067-1068 [1960]; Penniman v Fuller & Warren Co. , 133 NY 442, 444 [1892]; Corea v Browne , 45 AD3d 623, 624 [2d Dept 2007]).
discussed Cited as authority (rule) Chehab v. Roitman
N.Y. App. Div. · 2014 · confidence medium
To succeed on his motion here, the defendant was obligated to demonstrate that, on the date that this action was commenced, neither of the parties resided in the county that was designated by the plaintiff (see Ramos v Cooper Tire & Rubber Co., 62 AD3d 773 [2009]; Baez v Marcus, 58 AD3d 585, 586 [2009]; Corea v Browne, 45 AD3d 623, 624 [2007]; see also Fiallos v New York Univ.
discussed Cited as authority (rule) Deas v. Ahmed
N.Y. App. Div. · 2014 · confidence medium
To succeed on his motion here, the defendant was obligated to demonstrate that, on the date that this action was commenced, neither of the parties resided in Kings County (see Chehab v Roitman, 120 AD3d 736 [2014] [decided herewith]; Ramos v Cooper Tire & Rubber Co., 62 AD3d 773 [2009]; Baez v Marcus, 58 AD3d 585, 586 [2009]; Corea v Browne, 45 AD3d 623, 624 [2007]; see also Clarke v Ahern Prod.
discussed Cited as authority (rule) Psychological v. Government Employees Insurance
N.Y. App. Div. · 2012 · confidence medium
Initially, we note that there is no dispute that defendant had the right to file an amended answer to the complaint (see CPLR 3025 [a]), and since that amended answer superceded its prior answer, defendant had the right to serve with it a demand for a change of venue (see Penniman v Fuller & Warren Co., 133 NY 442, 444 [1892]; Corea v Browne, 45 AD3d 623, 634 [2007]).
discussed Cited as authority (rule) Psychological v. Government Employees Insurance
N.Y. App. Div. · 2012 · confidence medium
Initially, we note that there is no dispute that defendant had the right to file an amended answer to the complaint (see CPLR 3025 [a]), and since that amended answer superceded its prior answer, defendant had the right to serve with it a demand for a change of venue (see Penniman v Fuller & Warren Co., 133 NY 442, 444 [1892]; Corea v Browne, 45 AD3d 623, 634 [2007]).
Retrieving the full opinion text from the archive…
Jesus Corea
v.
Stevenson Browne
Appellate Division of the Supreme Court of the State of New York.
Nov 13, 2007.
45 A.D.3d 623
Cited by 9 opinions  |  Published

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an[*624] order of the Supreme Court, Westchester County (La Cava, J.), entered December 15, 2006, as denied that branch of their motion which was pursuant to CPLR 510 (1) and 511 to change the place of trial of the action from Bronx County to Westchester County on the ground that Bronx County was not a proper county.

Ordered that the order is affirmed insofar as appealed from, with costs.

A demand to change the place of trial of an action on the ground that the county designated is not a proper county because none of the parties resided there at the time the action was commenced (see CPLR 503 [a]; 510 [1]) “shall be served with the answer or before the answer is served” (CPLR 511 [a]; see Runde v Cross County Shopping Mall, 268 AD2d 577 [2000]). If that demand is not met, a motion must be made “within fifteen days after service of the demand” (CPLR 511 [b]). The defendants substantially complied with the statute when they served a demand together with the amended answer and made a motion within the 15-day period required under the statute, even though they failed to serve a demand together with the original answer (see Ross v City of Rochester, 8 NY2d 1067 [1960]; Penniman v Fuller & Warren Co., 133 NY 442, 444 [1892]; Cola-Rugg Enters, v Consolidated Edison Co. of N.Y., 109 AD2d 726 [1985]; Boro Kitchen Cabinets v Spalt, 9 AD2d 925 [1959]). Since the amended answer, which was served in response to the amended complaint, was not served with the intent of delaying the prosecution of the action, the service of the demand was timely (see Penniman v Fuller & Warren Co., 133 NY at 444; Boro Kitchen Cabinets v Spalt, 9 AD2d 925 [1959]).

The plaintiff properly commenced this action in Bronx County based upon the county of his residence at the time of the commencement of the action (see CPLR 503 [a]). In support of that branch of their motion which was for a change of place of trial on the ground that Bronx County was not a proper county, the defendants were required to establish, through documentary evidence, that the plaintiff was not a resident of Bronx County at the time that the action was commenced (see Furth v ELRAC, Inc., 11 AD3d 509, 510 [2004]; Merendino v Lloyd, 172 AD2d 594 [1991]). The defendants failed to do so. Accordingly, the Supreme Court properly denied that branch of their motion. Santucci, J.P., Goldstein, Dillon and Angiolillo, JJ., concur.