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ARGANO v. SCUDERI

6 A.D.3d 211 (2004)

774 N.Y.S.2d 323

SUSAN ARGANO, Appellant, v. PETER SCUDERI et al., Defendants, and CONSTANCE B. NORBECK, Respondent.

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

April 8, 2004.

In this personal injury action resulting from a one-car accident, the motion court improvidently exercised its discretion in granting defendant Norbeck's motion to transfer venue to Suffolk County, notwithstanding the fact that the accident occurred there. Norbeck has not disputed plaintiff's assertion that codefendant Scuderi is a New York County resident so that venue was properly designated in New York County in the first instance based on the residence of a party (CPLR...

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