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PHELAN v. BUDGET RENT-A-CAR SYS., INC.

239 A.D.2d 204 (1997)

657 N.Y.S.2d 174

Robert Phelan, as Administrator of The Estate of William E. Phelan, Deceased, Appellant, v. Budget Rent-A-Car Systems, Inc., et al., Respondents

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

May 13, 1997

Venue was placed in New York County on the basis that none of the parties reside in New York State (CPLR 503 [a]), and other than the circumstance that defendant car rental agency has a place of business in New York County, the action has no connection to New York County whatsoever. Under the circumstances, the IAS Court properly changed venue to the county where the accident occurred upon an adequate showing of inconvenience to material witnesses. Such showing included affidavits...

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