In Aguilar v. Reback, the Appellate Division ruled that the defendants' motion to transfer venue was untimely, reinforcing that venue challenges must adhere to CPLR 511(a).
The appellate court emphasized that challenges regarding venue must occur 'with the answer or before the answer is served,' a guideline not followed by the defendants in this case.
In a separate case, the Appellate Division upheld the Kings County Supreme Court's decision allowing Anabella Barnes' personal injury lawsuit against contractor John P. Picone, Inc. to proceed.
The court highlighted that Picone, Inc. did not meet its burden to prove it is not liable for the alleged defect leading to Barnes' injury.
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