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GUMBS v. MTA BUS CO.

Index No. 28330/19E. Appeal Nos. 13685N, 13685NA. Case Nos. 2020-02237, 2020-04026.

193 A.D.3d 617 (2021)

143 N.Y.S.3d 186

2021 NY Slip Op 02494

Shirley Gumbs, Respondent, v. MTA Bus Company, Appellant, et al., Defendants.

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

Decided April 27, 2021.

Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York ( Iryna S. Krauchanka of counsel), for appellant.

Lindstadt Law PLLC, Astora ( Michael A. Lindstadt of counsel), for respondent.

Concur—Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.

Upon dismissal of plaintiff's claims against the other public defendants, venue should have been changed to New York County, where the only remaining defendant, MTA Bus Company (MTA Bus), has its principal place of business (see CPLR 505[a]; Emerick v Metropolitan Transp. Auth., 272 A.D.2d 150, 150 [1st Dept 2000]; Noonan v Long Is. R.R., 158 A.D.2d 392, 393 [1st Dept 1990]). Plaintiff...

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