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HARVARD STEEL SALES v. BAIN

551 CA 19-01148.

188 A.D.3d 79 (2020)

132 N.Y.S.3d 222

2020 NY Slip Op 05635

HARVARD STEEL SALES, LLC, Appellant, v. DANIEL BAIN, Respondent.

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

Decided October 9, 2020.

Attorney(s) appearing for the Case

Garvey Law, P.C., Buffalo ( Matthew J. Garvey of counsel), for plaintiff-appellant.

Goldberg Segalla LLP, Buffalo ( Anthony M. Kroese of counsel), for defendant-respondent.

SMITH, J.P., WINSLOW, BANNISTER and DEJOSEPH, JJ., concur.

OPINION OF THE COURT

Plaintiff commenced this action in Erie County seeking damages for a fraud allegedly perpetrated by defendant, who thereafter moved pursuant to CPLR 510(1) to change the place of trial to New York County. We reject plaintiff's contention that Supreme Court abused its discretion in granting the motion....

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