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MONTERO v. ELRAC, INC.

300 A.D.2d 9 (2002)

751 N.Y.S.2d 432

SILVERO MONTERO, as Administrator of the Estate of GENARO MONTERO, Also Known as GENARO RUIZ-MONTERO, Deceased, et al., Appellants, v. ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR, Respondent, et al., Defendants.

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

Decided December 3, 2002.

This wrongful death action arose when plaintiff's decedent, while apparently riding a bicycle in Orange County, New York, was struck by a car driven by defendant Ciszak and owned by defendant Elrac. Plaintiffs commenced the action in Bronx County, plaintiff Ronnie Montero's county of residence. After serving its answer and a demand for a change of venue, defendant Elrac filed the present motion, arguing that all anticipated witnesses reside in Orange County. One eyewitness...

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