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HOOGLAND v. TRANSPORT EXPRESSWAY, INC.

24 A.D.3d 191 (2005)

808 N.Y.S.2d 160

CYNTHIA HOOGLAND, as Administratrix ad Prosequendum of the Estate of PETER MALKIN, Deceased, et al., Appellants, v. TRANSPORT EXPRESSWAY, INC., et al., Respondents, et al., Defendant. (And a Third-Party Action.) DENISE MALKIN, Appellant, v. TRANSPORT EXPRESSWAY, INC., et al., Respondents, et al., Defendant.

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

December 8, 2005.

The motion court correctly granted defendants' motions to change venue since defendants made the requisite showing that retention of the actions in New York County would inconvenience nonparty material witnesses (see CPLR 510 [3]; Rodriguez-Lebron v. Sunoco, Inc., 18 A.D.3d 275, 276 [2005]). Defendants submitted the affidavits of a New York State Trooper, the Cornwall Fire Department...

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