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SHEDRICK v. ASPLUNDH TREE EXPERT CO.

278 A.D.2d 49 (2000)

717 N.Y.S.2d 559

JOHN W. SHEDRICK et al., Respondents, v. ASPLUNDH TREE EXPERT CO. et al., Appellants.

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

Decided December 12, 2000.

CPLR 510 (3) provides for a discretionary change of venue where "the convenience of material witnesses and the ends of justice will be promoted by the change." (See, Boral v Clarkson Univ., 270 A.D.2d 776; O'Brien v Vassar Bros. Hosp., 207 A.D.2d 169.)

In the matter before us, it is undisputed that the accident, which involved a car owned by plaintiff Jeannette W. Shedrick and operated...

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