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FUCITO v. BD. OF EDUC. OF THE CITY OF NEW YORK

190 A.D.2d 605 (1993)

Anthony Fucito, Individually and as Administrator of The Estate of Aileen A. Fucito, Deceased, Respondent, v. Board of Education of the City of New York et al., Defendants, and County of Westchester et al., Appellants

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

February 18, 1993

Since both the County of Westchester and the Board of Education of the City of New York are parties to this action for negligence and medical malpractice, both CPLR 504 (1), governing the venue of actions against a county and mandating Westchester County as the place of trial, and CPLR 504 (3), governing the venue of actions against the City of New York and mandating Bronx County as the place of trial, are applicable. The conflict...

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