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NK ACUPUNCTURE, P.C. v. TRAVELERS INDEM. CO.

2006-1900 K C.

2008 NY Slip Op 51754 (U)

NK ACUPUNCTURE, P.C. A/A/O TANIYA SMITH-JONES, Appellant, v. TRAVELERS INDEMNITY CO., Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided August 19, 2008.

Appeal from order entered October 20, 2006, insofar as it denied the branch of plaintiff's motion seeking to stay the transfer of the action to Queens County, dismissed as academic.

Plaintiff commenced the instant action in the Civil Court of the City of New York, Kings County, to recover assigned first-party no-fault benefits. The summons stated that the basis for the designated venue in Kings County was "[d]efendant's residence." Defendant moved for a change of...

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