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DeVITA v. VITA

240 A.D.2d 536 (1997)

659 N.Y.S.2d 63

Joseph DeVita et al., Respondents, v. Basilio Vita et al., Appellants, et al., Defendant

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

June 16, 1997

Ordered that the order is affirmed, with costs.

Under the circumstances here, where all of the parties reside in the State of New York and it appears that the most material witnesses are the parties themselves, the appellants have failed to meet their heavy burden of demonstrating that the forum chosen by the plaintiffs was an inconvenient or inappropriate one (see, Banco Ambrosiano v Artoc Bank & Trust

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