| Rodriguez v Metropolitan Transp. Auth. |
| 2015 NY Slip Op 03240 [127 AD3d 534] |
| April 16, 2015 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Leandra Rodriguez,
Respondent, v Metropolitan Transportation Authority et al., Appellants, et al., Defendant. |
James B. Henly, New York (Jesse A. Raye of counsel), for appellants.
Greenberg & Stein, P.C., New York (Ian Asch of counsel), for respondent.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered August 7, 2014, which denied defendants' motion to change venue from Bronx County to New York County, unanimously affirmed, without costs.
The failure to move for a change of venue on the ground of improper venue within 15 days of service of a demand to change venue was fatal to the motion (see CPLR 511 [b]; Banks v New York State & Local Employees' Retirement Sys., 271 AD2d 252, 253 [1st Dept 2000]; Pittman v Maher, 202 AD2d 172, 174 [1st Dept 1994]). Concur—Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.