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GREENBERG v. KRUSE

23 A.D.3d 347 (2005)

804 N.Y.S.2d 98

DOROTHY GREENBERG et al., Appellants, v. SEAN KRUSE et al., Respondents, et al., Defendants.

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

November 7, 2005.

Ordered that the order is affirmed, with one bill of costs.

CPLR 503 (a) provides, in pertinent part, "except where otherwise prescribed by law, the place of trial shall be in the county in which one of the parties resided when [the action] was commenced." Since it is undisputed that none of the parties resided in Bronx County at the time of commencement of this action, the plaintiffs' choice of venue in the county where the accident occurred was improper (see...

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