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MROZ v. ACE AUTO BODY & TOWING, LTD.

307 A.D.2d 403 (2003)

761 N.Y.S.2d 549

MARK MROZ, Respondent, v. ACE AUTO BODY & TOWING, LTD., et al., Appellants.

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

Decided July 3, 2003.

Rose, J.

Plaintiff commenced this action in Schenectady County, his place of residence, seeking to recover for defendants' breach of an oral contract to restore plaintiff's 1972 police car. Shortly after defendants were served with the summons and complaint, they moved pursuant to CPLR 510 (3) to change venue from Schenectady County to Nassau County where defendants conduct business and most of their intended witnesses reside. Supreme Court denied the motion, prompting...

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