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CARO HOME v. 181 WESTCHESTER AVE. LLC

Index No. 151079/19. Appeal No. 13352N. Case No. 2020-00603.

192 A.D.3d 503 (2021)

140 N.Y.S.3d 406

2021 NY Slip Op 01504

Caro Home et al., Appellants, v. 181 Westchester Ave. LLC et al., Respondents.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Appell & Parrinelli, New York ( John J. Appell of counsel), for appellants.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.

Upon defendant 181 Westchester Ave. LLC's motion to change venue of this matter pursuant to CPLR 501 as to the claims asserted by plaintiff Caro Home, LLC, based on a contractual provision in a lease agreement between those two parties, the court erred in sua sponte changing venue as to the claims of the Jane and John Doe plaintiffs (see Bank of N.Y. v Elance, Inc., 309 A.D.2d 725 [2d Dept 2003]). Nor was there a showing of inconvenience...

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