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NEUROLOGIC SERVS v. ELRAC

188 Misc.2d 319 (2001)

728 N.Y.S.2d 626

NEUROLOGIC SERVICES, P. C., as Assignee of DESTIN EVERALDO, Appellant, v. ELRAC, INC., Respondent. A & S MEDICAL P. C., as Assignee of VYACHESLAV PRILUDKO, Appellant, v. ELRAC, INC., Respondent. A & S MEDICAL P. C., as Assignee of KADIR EREZ, Appellant, v. ELRAC, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

March 2, 2001.

Attorney(s) appearing for the Case

Israel & Israel, L. L. P., Great Neck (William M. Purdy of counsel), for Neurologic Services, P. C., appellant.

Christopher A. Jeffreys, P. C., Melville (Edward J. Savidge of counsel), for respondent.

ARONIN, J. P., GOLIA and Rios, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

On the Court's own motion, the appeals are consolidated for the purpose of disposition.

Orders, insofar as appealed from, unanimously reversed without costs and the provisions thereof transferring venue from Queens County to Kings County stricken.

CCA 306 provides, in relevant part, as follows:

"The bringing of an action or proceeding in the wrong county shall not be deemed a jurisdictional defect...

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