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MARTE v. LAMPERT

Index No. 155531/21 Appeal No. 17195 Case No. 2022-03246.

212 A.D.3d 560 (2023)

183 N.Y.S.3d 364

2023 NY Slip Op 00375

Dileisy Marte Marte, Appellant, v. David Harris Lampert et al., Respondents.

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

Decided January 26, 2023.

Attorney(s) appearing for the Case

Bornstein & Emanuel, P.C., Garden City ( Shane Bornstein of counsel), for appellant.

Law Office of Brian Rayhill, New York ( Jennifer L. Coviello , of counsel), for respondents.

Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (James G. Clynes, J.), entered March 31, 2022, which granted defendants' motion to change venue to Nassau County, unanimously reversed, on the law, without costs, and the motion denied.

Supreme Court improvidently exercised its discretion in granting defendants' motion to change venue. Plaintiff properly placed venue in New York County based upon the corporate defendant's initial certificate of incorporation designating New York...

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