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WILK v. PERILLO BROS. FUEL OIL CORP.

101 A.D.2d 859 (1984)

Thomas Wilk, Jr., et al., Plaintiffs, v. Perillo Bros. Fuel Oil Corp. et al., Defendants. (Action No. 1.) Thomas J. Wilk, Sr., as Administrator of The Estate of Maryann Wilk, Deceased, Appellant, v. Perillo Brothers Fuel Oil Corp., Defendant and Third-Party Plaintiff-Respondent. Thomas J. Wilk, Jr., Third-Party Defendant. (Action No. 2.)

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

May 21, 1984

¶ Order modified by deleting so much thereof as directed the removal of action No. 2 to Suffolk County, and by substituting therefor a provision directing that action No. 1 be removed from Suffolk County to Queens County, to be tried jointly with action No. 2 pending in Queens County. As so modified, order affirmed, with costs to the appellant.

¶ Under the circumstances, it was an improvident exercise of discretion to transfer venue of action No. 2 to Suffolk...

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