SCHAPIRO & REICH, ESQS. v. FUCHSBERG


172 A.D.2d 1080 (1991)

Schapiro & Reich, Esqs., Appellant, v. Jacob D. Fuchsberg, Respondent

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

April 26, 1991


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court improvidently exercised its discretion in granting defendant's motion seeking a change of venue pursuant to CPLR 510 (3) upon the ground that "the convenience of material witnesses and the ends of justice will be promoted by the change". The affidavits offered by defendant in support of his motion were legally insufficient to support the change of venue from Suffolk...

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