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MARINELLI v. WIMMER

2015-04332, Index No. 509553/14.

139 A.D.3d 914 (2016)

30 N.Y.S.3d 571

2016 NY Slip Op 03858

MICHAEL MARINELLI, Appellant, v. ECKARD WIMMER et al., Respondents.

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

Decided May 18, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

After the plaintiff commenced this action in the Supreme Court, Kings County, the defendants moved to change venue to Suffolk County, contending that Kings County was an improper venue. The plaintiff then cross-moved pursuant to CPLR 3217 (b) for leave to discontinue the action without prejudice in the event that the court granted the defendants' motion. The court granted the defendants' motion...

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