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STATE OF NEW YORK v. QUINTAL, INC.

509868.

79 A.D.3d 1357 (2010)

915 N.Y.S.2d 168

STATE OF NEW YORK, Respondent, v. QUINTAL, INC., et al., Appellants.

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

Decided December 9, 2010.

GARRY, J.

In June 2006, a truck owned by defendant Quintal, Inc. and driven by defendant Gerard J. Owenburg struck a highway bridge owned by plaintiff in the Town of Islip, Suffolk County. Plaintiff commenced this action in Albany County to recover for damage to the bridge. Defendants moved pursuant to CPLR 510 (3) for a change of venue to Suffolk County. Supreme Court denied the motion, and defendants now appeal.

Under CPLR 510 (3), a discretionary change...

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