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MacKENDRICK v. NEWPORT NEWS SHIPBUILDING & DRY DOCK CO.

28 A.D.2d 1109 (1967)

Virginia I. MacKendrick, as Executrix of Gene E. MacKendrick, Deceased, Respondent, v. Newport News Shipbuilding & Dry Dock Co., Defendant and Third-Party Plaintiff-Respondent. Alco Products, Inc., Third-Party Defendant-Appellant

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

November 21, 1967

We conclude that the motion should have been denied because of plaintiff's laches and because of the failure to make a proper showing that convenience of witnesses would be promoted by the change of venue. Inasmuch as this action had been reached for trial in Part 15 at the time of rendition of the order changing venue, it is remanded to such Part for immediate...

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