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COSTELLO v. FORBES, M.D.

294 A.D.2d 856 (2002)

741 N.Y.S.2d 468

BARBARA COSTELLO, as Administratrix of the Estate of BONNIE L. DENNIE, Deceased, Respondent, v. GARY FORBES, M.D., et al., Appellants.

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

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motions are granted and the cross motion is denied.

Memorandum:

Supreme Court improvidently exercised its discretion in denying defendants' motions pursuant to CPLR 510 (3) seeking to change the venue of this medical malpractice/ wrongful death action from Erie County to Monroe County and in granting plaintiff's cross motion seeking...

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