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ORTIZ v. RIVERA

7856N. 25261/15.

167 A.D.3d 473 (2018)

87 N.Y.S.3d 477

2018 NY Slip Op 08450

Carmen Ortiz, Appellant, v. Hector Rivera III et al., Respondents.

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

Decided December 11, 2018.

The court properly granted the motion, since defendants established, through the affidavit of defendant Rivera and other documentary proof, that Rivera lived in Westchester County, not Bronx County, on the date that the action was commenced (see Herrera v A. Pegasus Limousine Corp., 34 A.D.3d 267 [1st Dept 2006]), and plaintiff failed to rebut defendants' showing (cf. Singh v Empire Intl., Ltd., 95 A.D.3d...

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