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CROVATO v. H&M HENNES & MAURITZ, L.P.

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140 A.D.3d 490 (2016)

33 N.Y.S.3d 66

2016 NY Slip Op 04660

CRAIG CROVATO, Respondent, v. H&M HENNES & MAURITZ, L.P., et al., Appellants, et al., Defendants. (And Third-Party Actions.)

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

Decided June 14, 2016.

The denial of defendants' motion to change venue from Bronx County to Westchester County without a hearing was an improvident exercise of discretion. Once a movant establishes in a venue motion that the plaintiff's residence was other than that claimed in the complaint, the plaintiff opposing a motion for a change of venue must "establish through documentary evidence" his claimed residence (Forbes v Rubinovich,

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