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MEJIA v. J. CREW OPERATING CORP.

1454N, 24173/14.

140 A.D.3d 505 (2016)

32 N.Y.S.3d 491

2016 NY Slip Op 04678

MANUEL MEJIA, Appellant, v. J. CREW OPERATING CORP. et al., Respondents, et al., Defendants.

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

Decided June 14, 2016.

As an initial matter, Supreme Court erred by treating defendants' motion to change venue as of right under CPLR 510 (1) as having been made under CPLR 510 (3).

Unless otherwise prescribed, venue is properly laid in the county where one of the parties resides when the action is commenced (CPLR 503 [a]). In making the motion under CPLR 510 (1), defendants, as movants, assumed the burden to establish that plaintiff improperly designated Bronx County as the venue (

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