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KENNEDY v. C.F. GALLERIA AT WHITE PLAINS

2 A.D.3d 222 (2003)

769 N.Y.S.2d 526

PAULETTE A. KENNEDY, Individually and as Administratrix of the Estate of OSHAN LITCHMORE, et al., Respondents, v. C.F. GALLERIA AT WHITE PLAINS, L.P., et al., Appellants and Third-Party Plaintiffs-Respondents, et al., Defendants. CITY OF WHITE PLAINS et al., Third-Party Defendants-Appellants.

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

December 11, 2003.

The motion court's denial of the venue change was improvident in light of the movants' demonstration that the convenience of material nonparty witnesses would be better served by the change (see Cardona v Aggressive Heating, 180 A.D.2d 572 [1992]). Defendants-appellants submitted the affidavits of three White Plains police officers, who affirmed that they had responded to the scene of the shooting and prepared reports of the incident...

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