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HENRY v. VAN SCOTER

201 A.D.2d 938 (1994)

607 N.Y.S.2d 759

Ruth N. Henry, Individually and as Executrix of Gordon Henry, Deceased, Respondent-Appellant, v. John C. Van Scoter, Individually and as Executor of Florence L. Van Scoter, Deceased, Appellant-Respondent

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

February 4, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We modify the order to grant defendant's cross motion for a change of venue to Chautauqua County pursuant to CPLR 510 (3). "[T]he convenience of material witnesses and the ends of justice will be promoted by the change" (CPLR 510 [3]). Defendant established that all the relevant transactions occurred in Chautauqua County, the items in dispute were located...

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