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SIMONETTI v. CAVALRY PARATRANSIT, INC.

279 A.D.2d 518 (2001)

718 N.Y.S.2d 878

PETER SIMONETTI et al., Respondents, v. CAVALRY PARATRANSIT, INC., et al., Appellants.

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

Decided January 16, 2001.

Ordered that the order is affirmed, with costs.

The plaintiffs' choice of venue, based on the residence of one of the defendants, was not improper (see, CPLR 503 [a]). Therefore, the defendants had no ground upon which to base a demand for a change of venue (see, CPLR 511 [a]). In addition, the defendants failed to make the requisite showing for a discretionary change of venue based on the inconvenience of the witnesses (see, O'Brien v Vassar Bros...

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