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GOMEZ v. CYPSER

Index No. 800366/22E. Appeal No. 17419. Case No. 2022-04328.

213 A.D.3d 611 (2023)

182 N.Y.S.3d 898

2023 NY Slip Op 01060

Jose Gomez, Appellant, v. Rudy J. Cypser et al., Respondents.

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

Decided February 28, 2023.

Attorney(s) appearing for the Case

Hill & Moin LLP, New York ( Cheryl R. Eisberg Moin of counsel), for appellant.

Miranda Slone Sklarin Verveniotis LLP, Elmsford ( Richard S. Sklarin of counsel), for respondents.

Concur— Kern, J.P., Oing, Kennedy, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered September 14, 2022, which granted defendants' motion to change venue from Bronx County to Westchester County, unanimously reversed, without costs, and the motion denied.

Supreme Court should have denied defendants' motion to change venue from Bronx County to Westchester County because it was untimely made. Defendants have a reasonable excuse for...

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