LoConto, J.
The defendant filed this expedited appeal pursuant to Rule 8A of the District/Municipal Courts Rules for Appellate Division Appeal, from the trial judge's allowance of the plaintiff's motion for summary judgment. The facts necessary for an understanding of the issues, taken from the unopposed statement of the defendant, are as follows:
1. The defendant is, and has been at all times pertinent hereto, a resident of the State of New York.
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