N.Y. Civil Practice Law & Rules § 511: Change of place of trial

Rule. 511. Change of place of trial. (a) Time for motion or demand. A

demand under subdivision (b) for change of place of trial on the ground

that the county designated for that purpose is not a proper county shall

be served with the answer or before the answer is served. A motion for

change of place of trial on any other ground shall be made within a

reasonable time after commencement of the action.

(b) Demand for change of place of trial upon ground of improper venue,

where motion made. The defendant shall serve a written demand that the

action be tried in a county he specifies as proper. Thereafter the

defendant may move to change the place of trial within fifteen days

after service of the demand, unless within five days after such service

plaintiff serves a written consent to change the place of trial to that

specified by the defendant. Defendant may notice such motion to be heard

as if the action were pending in the county he specified, unless

plaintiff within five days after service of the demand serves an

affidavit showing either that the county specified by the defendant is

not proper or that the county designated by him is proper.

(c) Stay of proceedings. No order to stay proceedings for the purpose

of changing the place of trial shall be granted unless it appears from

the papers that the change is sought with due diligence.

(d) Order, subsequent proceedings and appeal. Upon filing of consent

by the plaintiff or entry of an order changing the place of trial by the

clerk of the county from which it is changed, the clerk shall forthwith

deliver to the clerk of the county to which it is changed all papers

filed in the action and certified copies of all minutes and entries,

which shall be filed, entered or recorded, as the case requires, in the

office of the latter clerk. Subsequent proceedings shall be had in the

county to which the change is made as if it had been designated

originally as the place of trial, except as otherwise directed by the

court. An appeal from an order changing the place of trial shall be

taken in the department in which the motion for the order was heard and

determined.