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PENA v. CLASSIC REALTY MGMT. CORP.

247 A.D.2d 215 (1998)

669 N.Y.S.2d 204

Aljenis Pena, an Infant, by Her Mother and Natural Guardian, Lucile Pena, et al., Appellants, v. Classic Realty Management Corp. et al., Respondents, et al., Defendants

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

February 3, 1998

Plaintiffs forfeited their right to select venue by having stated in their summons and complaint that they are residents of Bronx County when in fact they are residents of New York County (see, Papadakis v Command Bus Co., 91 A.D.2d 657; cf., Rogers v Parise, 75 A.D.2d 513, 514). Accordingly, their cross motion to amend the summons so as to reflect a right to a Bronx County...

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