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Cerniglia v. Combes

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 499 (N.Y. App. Div. 1990)

Opinion

January 11, 1990

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).


This is an action for personal injuries resulting from a motor vehicle accident in Suffolk County on May 28, 1988. Defendants demanded that venue be changed in a "DEMAND FOR CHANGE OF VENUE" dated November 9, 1988 and served pursuant to CPLR 511 (a). When no consent to change venue was received, defendants moved to change venue on the grounds, inter alia, that the plaintiff and the defendants resided in Suffolk County.

Plaintiff alleges that both at the time of the accident and at the time of the action, she resided in New York County. No explanation is offered, however, as to why plaintiff's license listed her address as Suffolk County. Plaintiff contends that she was not given an opportunity by the motion court to explain. We deem it appropriate to remand for a hearing.

Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.


Summaries of

Cerniglia v. Combes

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 499 (N.Y. App. Div. 1990)
Case details for

Cerniglia v. Combes

Case Details

Full title:CHRISTINA CERNIGLIA, Appellant, v. EDITH COMBES et al., Respondents

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

Date published: Jan 11, 1990

Citations

157 A.D.2d 499 (N.Y. App. Div. 1990)
549 N.Y.S.2d 689

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