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SCHNEIDER v. SAFETY HARBOR SPA, INC.

56 A.D.2d 762 (1977)

Sadie Schneider, Respondent, v. Safety Harbor Spa, Inc., et al., Appellants

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

March 10, 1977

We find "the interest of justice and fairness" (see Silver v Great Amer. Ins. Co., 29 N.Y.2d 356), not further explicated by Special Term, lies in the plaintiff being now 73 years old and in ill health, her fact witness being 74 years old and resident in New York, her expert witness residing in nearby New Jersey, that the plaintiff has no expert witness in Florida and that the defendant corporation, of which the defendant Gubner...

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