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ALLEN v. MORNINGSIDE ACQUISITION I, LLC

2021-01387. Index. No. 605135/20.

205 A.D.3d 861 (2022)

166 N.Y.S.3d 552

2022 NY Slip Op 03219

Virginia Allen, Appellant, v. Morningside Acquisition I, LLC, Respondent.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

Dalli & Marino, LLP (John Dalli and Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Kenneth J. Gorman], of counsel), for appellant.

Kaufman Borgeest & Ryan, LLP, Valhalla, NY (Jacqueline Mandell of counsel), for respondent.

Connolly, J.P., Rivera, Miller and Wooten, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the defendant's motion to change the venue of the action from Bronx County to Nassau County is denied, and the Clerk of the Supreme Court, Nassau County, is directed to deliver to the Clerk of the Supreme Court, Bronx County, all papers filed in this action and certified copies of all minutes and entries (see CPLR 511[d]).

The plaintiff, as administrator of the estate of Dorothy Shaw (hereinafter the...

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