GARCIA v. DOE


306 A.D.2d 42 (2003)

759 N.Y.S.2d 674

JERRY GARCIA, Appellant, v. JOHN DOE et al., Respondents.

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

Decided June 5, 2003.


The motion was properly granted upon the basis of plaintiff's deposition testimony that he resided in Queens County on the date of the accident and continuously thereafter until the date of the deposition, and the absence of any documentary or other persuasive evidence substantiating plaintiff's claims in opposition to the motion that he actually resided in the Bronx and that his memory suffered from the accident (see Roman v Brereton, 182 A.D.2d 556...

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