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MERMELSTEIN v. KALKER

294 A.D.2d 413 (2002)

741 N.Y.S.2d 903

HELEN MERMELSTEIN, Respondent, v. SERENA E. KALKER, Defendant, and SANTIAGO TEXIDOR, JR., et al., Appellants.

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

Decided May 13, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendants' motion to change venue based on the convenience of the material witnesses (see CPLR 510 [3]; O'Brien v Vassar Bros. Hosp., 207 A.D.2d 169

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