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SHINDLER v. WARF

24 A.D.3d 429 (2005)

805 N.Y.S.2d 428

DOUGLAS SHINDLER et al., Respondents, v. ARVIN WARF et al., Defendants, and CENTRAL WATER SYSTEMS INSTALLATION, INC., Appellant.

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

December 5, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant's motion to change the venue of the action from Kings County to Sullivan County based upon "the convenience of material witnesses and the ends of justice" (CPLR 510 [3]). The appellant failed to submit sufficient evidence to establish the necessary criteria to demonstrate entitlement to that relief...

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