Order unanimously reversed on the law without costs and cross motion granted.
Memorandum:
Plaintiff, a resident of Monroe County, commenced this action in Monroe County seeking damages for assault, false arrest and false imprisonment. The action arises out of an incident that occurred in the City of Buffalo, in Erie County. Plaintiff commenced the action in Monroe County based upon his residence there (see, CPLR 503 [a]).
Although CPLR 504 ...
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