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SMITH v. CITY OF NEW YORK

60 A.D.3d 540 (2009)

___ N.Y.S.2d ___

DAVID SMITH, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 24, 2009.

The action was properly transferred to Queens County, where plaintiff was arrested, initially incarcerated and prosecuted. CPLR 504 (3), which provides that the place of trial in an action against the City shall be in the county within the City where the cause of action arose, "implements the public policy of giving all due consideration to the convenience of public officials, and should be complied with absent compelling countervailing...

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