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McNEIL v. MODERN MATERIALS HANDLING EQUIP. CORP.

216 A.D.2d 445 (1995)

628 N.Y.S.2d 543

Lory McNeil, Respondent, v. Modern Materials Handling Equipment Corp., Appellant. (And a Third-Party Action)

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

June 19, 1995

Ordered that the order is affirmed, with costs.

The defendant has failed to meet its burden of establishing that the convenience of material witnesses and the ends of justice would be promoted by a change of venue to Suffolk County (see, CPLR 510 [3]; O'Brien v Vassar Bros. Hosp., 207 A.D.2d 169; Jansen v Bernhang, 149 A.D.2d 468

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