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GRAHAM v. EYCK

41 A.D.2d 882 (1973)

Ralph Graham, Respondent, v. Raymond Ten Eyck, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 26, 1973

Plaintiff, a resident of Saratoga, commenced an action against defendant, a resident of Warren County, for damages sustained as a result of an automobile accident that occurred in Saratoga County. The summons stated that trial was desired in Warren County, but the subsequent complaint placed the venue in Saratoga County. All further pleadings placed the venue in Warren County until plaintiff filed a note of issue in Saratoga County. Upon the motion to strike the note of issue...

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