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BARRESI v. HALLS BOAT, LLC

Index No. 817444/21E. Appeal No. 419. Case No. 2022-05608.

217 A.D.3d 437 (2023)

190 N.Y.S.3d 54

2023 NY Slip Op 02964

Andrea Barresi, as Administratrix of the Estate of Carmine Barresi, Deceased, Respondent, v. Halls Boat, LLC, Appellant.

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

Decided June 6, 2023.

Attorney(s) appearing for the Case

Rubin, Fiorella, Friedman & Mercante LLP, New York ( Stewart B. Greenspan of counsel), for appellant.

Kramer, Dillof, Livingston & Moore, New York ( Matthew Gaier of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Moulton, Kennedy, Mendez, JJ.

Order, Supreme Court, Bronx County (Elizabeth Taylor, J.), entered November 30, 2022, which denied defendants' motion to change venue to Warren County pursuant to CPLR 510(3), unanimously affirmed, without costs.

The court providently exercised its discretion in denying defendants' motion to change venue (see Leopold v Goldstein, 283 A.D.2d 319, 320 [1st Dept 2001]). Plaintiff properly placed venue in Bronx County, the County...

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