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HUGHES v. PACIENZA

2009-04724

68 A.D.3d 930 (2009)

2009 NY Slip Op 9430

890 N.Y.S.2d 327

SHARI HUGHES, Respondent, v. VINCENT M. PACIENZA et al., Appellants. (Action No. 1.) ELLEN MORENO et al., Respondents, v. VINCENT M. PACIENZA et al., Appellants. (Action No. 2.)

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

Decided December 15, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in granting that branch of the motion of the plaintiff in action No. 1 to transfer venue of that action from Nassau County to Kings County, since action No. 2 was commenced in Kings County prior to the commencement of action No. 1 in Nassau County (see Strasser...

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