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John L.A. Lyddane John L.A. Lyddane

Venue in New York medical malpractice litigation is based upon the residence of the parties at the time the case is commenced. A party may be a resident of more than one county, but residence implies a bona fide intent to remain with some degree of permanency. CPLR §503, as discussed in Deas v. Ahmed, 120 A.D.3d 750 (2d Dept. 2014). Although venue is usually a matter to be settled in the pleadings stage of the action, there are developments in the investigatory, discovery and trial preparation stages which may bring venue issues before the court at virtually any point before trial.

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