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McCALL v. BERMAN

201 A.D.2d 709 (1994)

608 N.Y.S.2d 297

James McCall, Appellant, v. Leopold Berman et al., Defendants, and John T. Roberts, Respondent. (Action No. 1.) James McCall, Appellant, v. Belmont Community Day Care Center, Inc., et al., Respondents, et al., Defendant. (Action No. 2.)

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

February 28, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

While it has often been stated that, generally, the venue of a consolidated action should be placed in the county where the first action was commenced (see, Mitchel v Thacker, 159 A.D.2d 701), that rule is not inflexible. "[T]he court, in its sound discretion, must consider a number of factors, including the county where cause of action arose...

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