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MONTESANO v. NYC HOUS. AUTH.

47 A.D.3d 215 (2007)

848 N.Y.S.2d 63

VITALINE MONTESANO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

December 18, 2007.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (Jeannine LaPlace and David Hamm of counsel), and Lewis Johs Avallone Aviles, LLP, Melville, for appellant.

Seligson, Rothman & Rothman, New York City (Alyne I. Diamond and Martin S. Rothman of counsel), and Ziegler & Robinson, New York City (Benjamin Robinson of counsel), for respondent.

SAXE, J.P., NARDELLI, GONZALEZ and KAVANAGH, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal, from the denial of defendant's motion for a change of venue from Bronx County to New York County, presents the issue, the subject of a long-simmering dispute, of whether the area known as Marble Hill is legally part of New York County, as defendant contends, or Bronx County, as plaintiff argues.

Plaintiff commenced this action in November 2005 for personal injuries allegedly suffered on May 7, 2005 when...

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