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HEISS v. MOOSE

16 A.D.3d 765 (2005)

792 N.Y.S.2d 634

JOHN HEISS, JR., as Administrator of the Estate of KARL A. HEISS, Deceased, Respondent, v. RICHARD E. MOOSE, Appellant.

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

March 3, 2005.

Rose, J.

Plaintiff commenced this medical malpractice action in Ulster County, his place of residence, seeking to recover damages for the alleged failure of defendant and his then codefendants to properly diagnose decedent's dissecting aorta. Following service of the summons and complaint, two of the codefendants sought to change venue pursuant to CPLR 510 (3) from Ulster County to St. Lawrence County, where the alleged malpractice occurred and a majority of their...

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