PHILOGENE v. FULLER AUTO LEASING


167 A.D.2d 178 (1990)

Olies Philogene, Respondent, v. Fuller Auto Leasing et al., Appellants

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

November 13, 1990


Plaintiff was injured in an automobile accident which occurred on March 17, 1987 in New York County. He thereafter commenced this action on June 30, 1987. The summons did not identify plaintiff's residence or the basis of the venue as selected. The complaint did allege that plaintiff "is a resident of the City and State of New York." Defendants answered on July 28, 1987 without serving a demand pursuant to CPLR 511 (a) for a change of venue as of right.

Plaintiff...

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