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MORRIS v. GREENBERG

9892NA, 9892N, 28656/17E.

175 A.D.3d 1204 (2019)

106 N.Y.S.3d 861

2019 NY Slip Op 06727

Noah Stark Morris et al., Appellants, v. Stephen Greenberg et al., Respondents.

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

September 24, 2019.

Attorney(s) appearing for the Case

Simonson Goodman Platzer, P.C., New York (Edward S. Goodman of counsel), for appellants.

Furman, Kornfeld & Brennan, LLP, New York (Tracy S. Katz of counsel), for Stephen Greenberg and East River Medical Imaging, P.C., respondents.

Ekblom & Partners, LLP, New York (Hillary C. Agins of counsel), for Guy Lin and ENT and Allergy Associates, LLP, respondents.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

The motion court's determination to change venue to Rockland County was proper. The court's findings that Bronx County was not plaintiff Noah Stark Morris's bona fide residence turned largely on its finding, after a hearing, that he was not credible. Such credibility determinations are entitled to deference, particularly where, as here, Noah gave conflicting testimony (see generally Arrufat v Bhikhi, 101 A.D.3d 441, 442 [1st Dept...

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