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SPICER v. ADELSON
Appellate Division of the Supreme Court of New York, Second Department.
Dec 5, 2005
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Ordered that the order is reversed, on the law, with costs, the motion is denied, and the Clerk of the Supreme Court, Westchester County, is directed to deliver to the Clerk of the Supreme Court, Kings County, all papers filed in this action and certified copies of all minutes and entries ( see CPLR 511 [d]).
The defendants failed to make the requisite showing for a change of venue based on the convenience of material witnesses ( see CPLR 510; O'Brien v. Vassar Bros. Hosp., 207 AD2d 169, 172-173). Accordingly, the Supreme Court should have denied the defendants' motion to change the venue of this action.
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