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GERALDINO v. COCA-COLA BOTTLING OF NEW YORK, INC.

300 A.D.2d 56 (2002)

751 N.Y.S.2d 443

FARIANNY GERALDINO et al., Appellants, v. COCA-COLA BOTTLING OF NEW YORK, INC., et al., Respondents.

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

Decided December 10, 2002.

In this personal injury action involving a pedestrian knockdown which occurred in New York County, infant plaintiff properly placed venue in Bronx County in the first instance (see CPLR 503 [a]). Subsequently, defendants sought a venue change to New York County, based on the convenience of material witnesses. The court granted the motion on the ground that defendants satisfied their burden of demonstrating that the convenience of material witnesses would be better...

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