ELLIS v. WIRSHBA


18 A.D.3d 805 (2005)

796 N.Y.S.2d 388

MARCIA ELLIS et al., Respondents, v. LEWIS H. WIRSHBA et al., Appellants.

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

May 31, 2005.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was pursuant to CPLR 510 (3) for a discretionary change of venue and substituting therefor a provision denying that branch of the motion with leave to the defendants to renew in the Supreme Court, New York County; as so modified, the order is affirmed, with costs to the plaintiffs.

In support of that branch of their motion which was pursuant to...

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