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BASTON v. NAT'L CAR RENTAL SYS., INC.

200 A.D.2d 381 (1994)

608 N.Y.S.2d 75

Sherry C. Baston, Appellant, v. National Car Rental System, Inc., Respondent, et al., Defendants

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

January 6, 1994

Defendant's documentary evidence and the sworn statement of the investigator establish that plaintiff's residence is Monroe County, where plaintiff has resided throughout the pendency of this action. Plaintiff's vague hope to return to the Bronx, where she has received mail and has had available lodging, does not establish that she has actually resided in her brother's home (see, Katz v Siroty, 62 A.D.2d 1011

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