Elie v. Marathon REO Management, LLC

In an action to recover damages for fraud, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated March 4, 2013, as granted the defendant’s cross motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court granted the defendant’s cross motion pursuant to CPLR 3211 (a) to dismiss the complaint on the ground the venue chosen by the plaintiffs was improper. We affirm, but on a ground different from the one asserted by the defendant in…