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WEISS v. WAL-MART STORES EAST, L.P.

4747N, 106054/08.

83 A.D.3d 461 (2011)

919 N.Y.S.2d 848

CHAYA WEISS, Respondent, v. WAL-MART STORES EAST, L.P., Appellant.

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

Decided April 7, 2011.

Defendant met its initial burden of establishing that the venue chosen by plaintiff was improper (see Hernandez v Seminatore, 48 A.D.3d 260 [2008]; CPLR 510 [1]). Defendant submitted proof indicating that plaintiff's claimed residence in New York County was an office building, not an apartment building. Defendant also submitted motor vehicle records showing that plaintiff resided in Orange County at all relevant times (see Collins...

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