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MONTGOMERY v. ELRAC, ENTER. HOLDINGS, INC.

25814/16E. Appeal No. 15181. Case No. 2021-03162.

201 A.D.3d 595 (2022)

157 N.Y.S.3d 720

2022 NY Slip Op 00508

Shaniqua Montgomery, Appellant, v. ELRAC, Enterprise Holdings, Inc., et al., Respondents, et al., Defendant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Umoh Law Firm, PLLC, Brooklyn ( Uwem Umoh of counsel), for appellant.

Rivkin Radler LLP, Uniondale ( Merril S. Biscone of counsel), for respondents.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

Plaintiff commenced this employment discrimination action in August 2016, designating Bronx County as the venue based on her residence. Her amended complaint, filed in October 2019, reiterated that she was a Bronx County resident. On October 15, 2020, the first day of plaintiff's examination before trial (EBT), she testified that, in the previous 12 years, she had lived exclusively in Manhattan and Brooklyn. Defendants served plaintiff with the transcript of her EBT on November...

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