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CROCE v. PREFERRED MUT. INS. CO.

HUC 2430-11

35 Misc.3d 161 (2011)

938 N.Y.S.2d 745

2011 NY Slip Op 21448

SCOTT A. CROCE, D.C., as Assignee of Ismael Cordero, Plaintiff, v. PREFERRED MUTUAL INSURANCE COMPANY, Defendant.

District Court of Suffolk County, Third District.

Decided December 19, 2011.

Attorney(s) appearing for the Case

Law Offices of Gabriel & Shapiro, LLC, Wantagh ( Jason Moroff of counsel), for plaintiff. Mura & Storm, PLLC, Buffalo ( Scott D. Mancuso of counsel), for defendant.

OPINION OF THE COURT

C. STEPHEN HACKELING, J.

Preferred Mutual Insurance Company (hereafter Preferred) makes an application to this court seeking either a venue transfer pursuant to CPLR 510 (3) or dismissal of the plaintiff, Scott Croce, D.C.'s (hereafter Croce) complaint pursuant to CPLR 327 (a). For the reasons hereafter stated, the application to dismiss this complaint is granted with leave to re-commence same in an alternative forum subject to the provisions...

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