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GIBSON v. U'SAGAIN HOLDINGS, LLC

7973N. 20849/16E.

167 A.D.3d 536 (2018)

88 N.Y.S.3d 874

2018 NY Slip Op 09012

Neville Gibson, Appellant, v. U'SAgain Holdings, LLC, et al., Respondents.

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

Decided December 27, 2018.

The court providently exercised its discretion in granting defendants' motion to change venue to Westchester County. The motor vehicle accident occurred in Westchester, which is where plaintiff resided on the day of the accident and when the action was commenced. The affidavit of the Chief Financial Officer of defendant U'SAgain Holdings, LLC sufficiently satisfied defendants' burden of showing that plaintiff had improperly designated...

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