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CUMBERBATCH v. GATEHOUSE MOTEL AND RESTAURANT

265 A.D.2d 370 (1999)

697 N.Y.S.2d 84

GLORIA CUMBERBATCH, Individually and as Administrator of the Estate of JAMIE L. CUMBERBATCH, Deceased, et al., Respondents, v. GATEHOUSE MOTEL AND RESTAURANT et al., Appellants. (And a Third-Party Action.)

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

Decided October 12, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the motion to change the venue of this action to Steuben County. The convenience of the individual defendants and their son is excluded from consideration in determining the motion (see, O'Brien v Vassar Bros. Hosp., 207 A.D.2d 169, 173; Schapiro & Reich v Fuchsberg, 172 A.D.2d 1080...

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