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VACCARO v. MERCEDES-BENZ USA

Index No. 808206/22E Appeal No. 1288 Case No. 2023-01849.

222 A.D.3d 567 (2023)

200 N.Y.S.3d 10

2023 NY Slip Op 06603

Joseph Vaccaro, Respondent, v. Mercedes-Benz USA, Appellant, et al., Defendants.

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, Buffalo (Meghan M. Brown of counsel), for appellant.

Saracino Morris Law Group PLLC, Harrison (Gregory Saracino and Peter Morris of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about March 22, 2023, which denied defendant Mercedes-Benz USA's motion to change venue, unanimously affirmed, without costs.

Defendant met its threshold burden of raising an issue as to plaintiff's residence by annexing documents indicating that plaintiff was a Connecticut resident (see Hernandez v Seminatore, 48 A.D.3d 260<...

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