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VACCARO v. MERCEDES-BENZ USA

Index No. 808206/22E Appeal No. 1288 Case No. 2023-01849.

222 A.D.3d 567 (2023)

200 N.Y.S.3d 10

2023 NY Slip Op 06603

Joseph Vaccaro, Respondent, v. Mercedes-Benz USA, Appellant, et al., Defendants.

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, Buffalo ( Meghan M. Brown of counsel), for appellant.

Saracino Morris Law Group PLLC, Harrison ( Gregory Saracino and Peter Morris of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 22, 2023, which denied defendant Mercedes-Benz USA's motion to change venue, unanimously affirmed, without costs.

Defendant met its threshold burden of raising an issue as to plaintiff's residence by annexing documents indicating that plaintiff was a Connecticut resident (see Hernandez v Seminatore, 48 A.D.3d 260<...

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