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FRIEDMAN v. LUPATKIN

125 A.D.2d 364 (1986)

David Friedman et al., Appellants, v. Morde Lupatkin, Respondent

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

December 8, 1986

Ordered that the order is affirmed, with costs.

Special Term correctly concluded that the Manhattan apartment upon which venue in New York County was predicated did not constitute a residence of the plaintiff David Friedman within the meaning of CPLR 503 (a) (see, Katz v Siroty, 62 A.D.2d 1011). Although Special Term should have transferred this motion to renew to the Justice who decided the original motion (see...

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