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BLACK v. FRAKEN BLDRS., INC.

Index No. 29274/18E. Appeal No. 13115N. Case No. 2020-01997.

191 A.D.3d 498 (2021)

138 N.Y.S.3d 316

2021 NY Slip Op 00902

Lisa Black, as Administratrix of the Estate of Anthony D. Harris, Deceased, Appellant, v. Fraken Builders, Inc., et al., Respondents, et al., Defendants.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

PeÑa & Kahn, PLLC, Bronx ( Diane Welch Bando of counsel), for appellant.

Law Office of James J. Toomey, New York ( Evy Kazansky of counsel), for Fraken Builders, Inc., respondent.

Thompson Hine LLP, Cleveland, OH ( Conor A. McLaughlin , of the bar of the State of Ohio, admitted pro hac vice, of counsel), for Focus Products Group International, LLC, respondent.

Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.

Defendants met their burden for a discretionary change of venue of this action from Bronx County to Westchester County (Wickman v Pyramid Crossgates Co., 127 A.D.3d 530, 531 [1st Dept 2015]; see Tricarico v Cerasuolo, 199 A.D.2d 142 [1st Dept 1993]). "[T]he situs of plaintiff's injury provides a basis for a discretionary change of venue ... (CPLR...

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