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ASTILLERO v. ABRAMOV

6693N, 102728/10

92 A.D.3d 436 (2012)

937 N.Y.S.2d 593

2012 NY Slip Op 736

MARIBEL CAGUIOA ASTILLERO, Respondent, v. DAVID ABRAMOV et al., Appellants.

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

Decided February 2, 2012.

Plaintiff initially chose an improper venue in New York County. However, plaintiff selected this venue based on Department of Motor Vehicle records, which indicated that defendant Asia Abramov resided in New York County. Defendant Abramov had recently moved to Queens County, but failed to notify the Department of Motor Vehicle as required by Vehicle and Traffic Law § 505 (5). Under these circumstances, plaintiff did not forfeit her right to choose a venue by her initial...

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