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BEARDSLEY v. WYOMING COUNTY CMTY. HOSP.

42 A.D.2d 821 (1973)

Harlan Beardsley, as Guardian of Daryl Beardsley, an Infant, et al., Appellants, v. Wyoming County Community Hospital et al., Respondents

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

July 6, 1973

Order unanimously affirmed, without costs.

Memorandum:

Since all the parties reside in Wyoming County and the injury to the infant plaintiff occurred there, that is the proper place for the trial. Plaintiffs brought the action in Erie County. Although defendant County Hospital had the right under CPLR 504 to have venue transferred to Wyoming County, it failed to move to enforce that right. The individual defendants served timely demand on plaintiffs for change...

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