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GARCIA v. ANDERSON

24 A.D.3d 415 (2005)

804 N.Y.S.2d 685

SAMUEL GARCIA, Respondent, v. ROBERT ANDERSON, Appellant.

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

December 5, 2005.

Ordered that the order is affirmed, with costs.

The defendant moved pursuant to CPLR 511 to change venue as of right from Kings County to Suffolk County on the basis that both parties resided in Suffolk County (see CPLR 503 [a]). In opposition, the plaintiff established that he resided in Kings County at the time he commenced this action (see Ellis v. Wirshba, 18 A.D.3d 805 [2005]; compare Harley v. Miller,...

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