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BRADY v. EXXON CO.

153 A.D.2d 519 (1989)

James Brady et al., Appellants, v. Exxon Company, U.S.A., Respondent and Third-Party Plaintiff-Respondent. Ira D. Conklin and Sons, Inc., et al., Third-Party Defendants-Respondents

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

August 17, 1989

Plaintiff James Brady sustained an injury to his eye when the nozzle of the hose on a gas pump malfunctioned on February 18, 1984 at an Exxon gas station located in Bardonia, New York, in Rockland County. On September 24, 1986 plaintiffs commenced this action in Bronx County by service of a summons and complaint. Venue was based upon their residence in Bronx County, New York.

CPLR 503 (a) states that "the place of trial shall be in the county in which one of the parties...

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