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KASTON v. G.T.I. ROLL TRANSP. SERVS., INC.

Index No. 154870/18. Appeal No. 12618N. Case No. 2020-00403.

189 A.D.3d 502 (2020)

133 N.Y.S.3d 795

2020 NY Slip Op 07455

James Kaston, as Executor of the Estate of Sibilla Patrizi, Deceased, Respondent, v. G.T.I. Roll Transportation Services, Inc., et al., Appellants, et al., Defendants.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

McGaw, Alventosa & Zajac, Jericho ( Andrew Zajac of counsel), for appellants.

McCarney Law P.C., New York ( James G. McCarney of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

Although the subject motor vehicle accident occurred in Columbia County and the decedent passed away from her injuries there, defendants did not provide the required justification for a discretionary change of venue under CPLR 510(3) (see Bollman v Port Auth. of N.Y. & N.J., 17 A.D.3d 182, 183 [1st Dept 2005]; Argano v Scuderi, 6 A.D.3d 211 [1st Dept 2004]). There is no dispute that...

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