LEWANDOWSKI v. AMBROSETTI


32 A.D.2d 660 (1969)

Emma Lewandowski et al., Appellants, v. Charles Ambrosetti et al., Respondents

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

May 19, 1969


Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied.

In our opinion, the moving papers failed to set forth the factual showing required to invoke the court's discretion (cf. Supplementary Practice Commentary on CPLR 510 in McKinney's Cons. Laws of N. Y., Book 7B, CPLR 501-2200). Upon the record presented, (a) defendants failed to justify the grounds of convenience of witnesses and ends of justice because their moving papers...

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