ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Legal Malpractice Blogs -> New York Attorney Malpractice Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Legal Malpractice

: New York Attorney Malpractice Blog

Venue Still Important in Legal Malpractice

By (Andrew Lavoott Bluestone)

ADVERTISEMENTS

In this pro-se v. pro-sen legal malpractice case between a pro-se plaintiff from Queens and a pro-se defendant from New Jersey, we see a discussion of the correct way to challenge venue.  Kuzmin v. Nevsky, brought in New York County is moved to Queens:

"The plaintiff commenced this action in the Supreme Court, New York County, to recover damages for legal malpractice. The verified complaint alleged, however, that, at the time of the commencement of the action, the plaintiff was a resident of Queens County and the defendant was a resident of New Jersey. Consequently, venue in New York County was improper (see CPLR 503[a]). Pursuant to CPLR 510(1) and 511(a) and (b), the defendant served a timely written demand upon the plaintiff that the action be tried in Queens County. In response, the plaintiff failed to serve a timely affidavit supporting venue in New York County (see CPLR 511[b]), and her untimely affidavit in fact confirmed that venue was improper in New York County but proper in Queens County. The defendant's subsequent timely motion to change venue to Queens County, in support of which she submitted the verified complaint, was thus properly heard, and granted, in Queens [*2]County (see CPLR 511[a], [b]; Bergman v Fiel, 12 AD3d 337, 337-338; Figueroa v Mari, 5 AD3d 629, 629-630; Hughes v Nigro, 108 AD2d 722, 723; Payne v Civil Serv. Empls. Assn., 15 AD2d 265, 268; cf. Agostino Antiques v CGU-American Employers' Ins. Co., 6 AD3d 469, 470; Anderson v Ungar, 267 AD2d 186, 187). "

Full post as published by New York Attorney Malpractice Blog on May 16, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0029 secs (from cache 10/31/26 08:50:18)