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ANZALONE v. CITY OF NEW YORK

32 A.D.3d 408 (2006)

818 N.Y.S.2d 920

LAURA ANZALONE, Individually and as Administratrix of the Estate of MARISSA ANTONUCCI, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendant.

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

August 8, 2006.

Ordered that the order is affirmed, without costs or disbursements.

"Although the language of CPLR 504 indicates that the choice of venue under that provision is mandatory, `CPLR 504 is no more jurisdictional than any other venue provision'" (Rampe v Giuliani, 227 A.D.2d 605, 606 [1996], quoting Champion v City of New York, 203 A.D.2d 508, 509 [1994]). "[E]xceptions have been judicially...

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