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RESCINITI v. FAIRFAX PARTNERS

309 A.D.2d 627 (2003)

765 N.Y.S.2d 622

FRANCESCO RESCINITI et al., Appellants, v. FAIRFAX PARTNERS et al., Respondents, et al., Defendants. (And a Third-Party Action.)

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

Decided October 21, 2003.

In support of their motion to change venue from Bronx County to Westchester County, defendants-respondents produced documentary evidence, including health insurance and emergency room records, indicating that plaintiffs resided in Westchester County, and not the Bronx, at the time they commenced the action. Inasmuch as plaintiffs, at the hearing on the motion, proved unable to rebut defendants-respondents' showing with competent, credible evidence, defendants' motion was...

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