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JOSEPH DEVITA et al., Respondents, v. BASILIO VITA et al., Appellants, et al., Defendant.

Ordered that the order is affirmed, with costs.

Under the circumstances here, where all of the parties reside in the State of New York and it appears that the most material witnesses are the parties themselves, the appellants have failed to meet their heavy burden of demonstrating that the forum chosen by the plaintiffs was an inconvenient or inappropriate one (see, Banco Ambrosiano v. Artoc Bank Trust, 62 N.Y.2d 65, 73; Silver v. Great Am. Ins. Co., 29 N.Y.2d 356, 361). The appellants' broad allegations that issues pertaining to Italian law will arise, or that witnesses and documents are located outside New York are not sufficient reasons for rejecting the plaintiffs' choice of forum (see, Banco Ambrosiano v. Artoc Bank Trust, supra).

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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DEVITA v. VITA
(Jun 16, 1997)