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CAREY v. FIVE BROTHERS, INC.

60 A.D.3d 715 (2009)

873 N.Y.S.2d 914

BRUCE CAREY et al., Appellants, v. FIVE BROTHERS, INC., et al., Respondents, et al., Defendant.

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

Decided March 10, 2009.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Under the circumstances, the Supreme Court providently exercised its discretion in changing the venue of this action from Kings County to Suffolk County (see Canaan v Costco Wholesale Membership, Inc., 49 A.D.3d 583, 584-585 [2008]; Clase v Sidoti, 20 A.D.3d 330

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