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CAREY v. EMPIRE PARATRANSIT CORP.

5337N, 303897/10.

85 A.D.3d 520 (2011)

925 N.Y.S.2d 455

2011 NY Slip Op 5138

CHENEISE E. CAREY, Appellant, v. EMPIRE PARATRANSIT CORP. et al., Respondents.

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

Decided June 14, 2011.

CPLR 502 governs the instant case and not McKinney's Consolidated Laws of NY, Book 1, Statutes § 238, since CPLR 502 directly address the situation herein, namely, conflicting venue provisions "because of joinder of claims or parties" (CPLR 502). Accordingly, the motion court was well within its discretion "to lay venue in a location appropriate `to at least one of the parties or claims'" (Bennett v Bennett, ...

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